• PART 10 PART 10 — Interim Remedies

    • 71. Orders for interim remedies

      (1) The Court may grant such interim remedies as are necessary in the interests of justice (whether in the particular case or more generally) including —
      (a) an interim injunction;
      (b) an interim declaration;
      (c) an order for;
      (i) the detention, inspection, custody or preservation of relevant property;
      (ii) the taking of a sample of or the carrying out of an experiment on or with relevant property;
      (iii) the sale of relevant property which is of a perishable nature or which for any other good reason it is desirable to sell quickly; and
      (iv) the payment of income from relevant property until a claim is decided;
      (d) an order authorising a person to enter any real property, land or building in the possession of a party to the proceedings for the purposes of carrying out an order under sub-paragraph (c);
      (e) an order under section 4 of the Torts (Interference with Goods) Act 1977 to deliver up goods;
      (f) an order (referred to as a "freezing injunction") restraining a party from removing from a particular jurisdiction assets located within that jurisdiction or from dealing with or removing from ADGM or any other jurisdiction any assets which are located there;
      (g) an order directing a party to provide information about the location of relevant property or assets or to provide information about relevant property or assets which are or may be the subject of an application for a freezing injunction;
      (h) an order (referred to as a "search order") under section 79 of the Regulations;
      (i) an order (referred to as an order for interim payment) under section 34 of the Regulations for payment by a defendant on account of any damages, debt or other sum (except costs) which the Court may hold the defendant liable to pay;
      (j) an order under section 35 of the Regulations;
      (k) an order under section 36 of the Regulations;
      (l) an order under section 37 of the Regulations;
      (m) an order for a specified fund to be paid into Court or otherwise secured, where there is a dispute over a party's right to the fund;
      (n) an order permitting a party seeking to recover personal property to pay money into Court pending the outcome of the proceedings and directing that, if he does so, the property shall be given to him;
      (o) an order directing a party to prepare and file accounts relating to the dispute; and
      (p) an order directing any account to be taken or inquiry to be made by the Court.
      (2) In paragraph (1), "relevant property" means property, including real property, which is the subject of a claim or as to which any question may arise on a claim.
      (3) The fact that a particular kind of interim remedy is not listed in paragraph (1) does not affect any power that the Court may have to grant that remedy.
      (4) The Court may grant an interim remedy whether or not there has been a claim for a final remedy of that kind.
      Amended on December 11, 2017

    • 72. Timing and other considerations for an order for an interim remedy

      (1) An order for an interim remedy may be made at any time.
      (2) Paragraph (1) is subject to any rule, practice direction, ADGM enactment or any other applicable enactment which provides otherwise.
      (3) Where a person wishes to apply for an interim remedy before a claim has been made, the application must be made in accordance with Part 8 of these Rules.
      (4) The Court may grant an interim remedy before a claim has been made only if the matter is urgent or it is otherwise desirable to do so in the interests of justice.
      (5) Unless the Court otherwise orders, a defendant may not apply for any of the orders listed in Rule 71 before he has filed an acknowledgment of service.
      (6) Where it grants an interim remedy before a claim has been commenced, the Court may give directions regarding the claim to be commenced; but the Court need not direct that a claim be commenced where the application is made under section 36 of the Regulations.
      (7) Where a party wishes to apply for an interim remedy but the remedy is sought in relation to proceedings which are taking place, or will take place, outside the jurisdiction or the application is made under section 36 of the Regulations before a claim has been commenced, the application must be made in accordance with Part 8 of these Rules.
      (8) Where a person makes an application under sections 36 and 37 of the Regulations, the evidence in support of such an application must show, if practicable by reference to any statement of case prepared in relation to the proceedings or anticipated proceedings, that the property —
      (a) is or may become the subject matter of such proceedings; or
      (b) is relevant to the issues that will arise in relation to such proceedings.
      Amended on December 11, 2017

    • 73. Interim payments

      (1) The claimant may not apply for an interim payment before the end of the period for filing and serving the acknowledgment of service applicable to the defendant against whom the application is made.
      (2) The claimant may make more than one application for an order for an interim payment.
      (3) The Court may order an interim payment in one sum or in instalments.
      (4) The Court may only make an order for an interim payment where any of the following conditions are satisfied —
      (a) the defendant against whom the order is sought has admitted liability to pay damages or some other sum of money to the claimant;
      (b) the claimant has obtained judgment against the defendant for damages to be assessed or for a sum of money (other than costs) to be assessed;
      (c) if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant from whom he is seeking an order for an interim payment;
      (d) the claimant is seeking an order for possession of real property (whether or not any other order is also sought) and the defendant would be held liable if the case went to trial (even if the claim for possession fails) to pay the claimant a sum of money for the defendant's occupation and use of the real property while the claim for possession was pending; or
      (e) in a claim in which there are two or more defendants and the order is sought against any one or more of those defendants —
      (i) the claimant would, if the claim went to trial, obtain judgment for a substantial amount of money (other than costs) against at least one of the defendants (but the Court cannot determine which); and
      (ii) all the defendants are either a defendant that is insured in respect of the claim or a defendant that is a public authority.
      (5) In paragraph (4)(e)(ii), a "public authority" means ADGM or Emirate public or statutory undertaking, any ADGM Authority, any government department and any government department and any person holding office under His Highness, including the Board.
      (6) The Court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment and must take into account contributory negligence and any relevant set-off or counterclaim.
      Amended on February 25, 2019

    • 74. Powers of Court where it has made an order for interim payment

      (1) Where a defendant has been ordered to make an interim payment, or has in fact made an interim payment, the Court may make an order to adjust the interim payment.
      (2) The Court may make an order under this Rule without an application by any party if it makes the order when it disposes of the claim or any part of it.
      (3) Where a defendant has made an interim payment and the amount of the payment is more than his total liability under the final judgment or order, the Court may award him interest on the overpaid amount from the date he made the interim payment.