PRACTICE DIRECTION 2 MAKING AND ANSWERING A CLAIM

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Date issued: 30 May 2016

This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016. Except as provided otherwise in this Practice Direction, terms have the meanings set out in those Rules.

This Practice Direction must be read in conjunction with Practice Direction 4 — Particular Claims other than Small Claims.

A. CLAIM FORM
2.1. A claim form which commences proceedings must be in accordance with Form CFI 1.
Requirements
2.2. A claim form must:
(a) state what final orders the claimant seeks;
(b) include particulars of the claimant's case in summary form in numbered paragraphs, including any sum sought by way of interest from a date earlier than the date of judgment, and the propositions of law which the claimant will contend entitle the claimant to the final orders sought; and
(c) state whether the claimant sues in person or, if represented by a lawyer, the name, address and email address of that lawyer.
2.3. As a general rule, a claim form should not exceed 50 pages. If the claim is of such complexity that it is necessary to exceed this page limit, the claimant must include an index of topics at the start of the particulars of claim and a summary of the claim must be attached to the claim form at the time of filing.
2.4. Rules 15, 16 and 17 prescribe how a claim form may be served.
B. RULE 30 PROCEDURE [r.30]

Requirements
2.5. If a claimant seeks to use the Rule 30 procedure, he must:
(a) use the claim form in accordance with Form CFI 3; and
(b) identify what issue or issues the claimant says are to be decided by the Rule 30 procedure as an issue or as issues unlikely to involve a substantial dispute of fact.
2.6. The Rule 30 procedure may not be used in relation to the following claims or questions:
(a) fraud; or
(b) libel, slander, malicious prosecution or false imprisonment.
2.7. Claimants seeking to use the Rule 30 procedure must have regard to Rules 31 to 34 inclusive of the Rules which provide for the written evidence to be filed and served under the Rule 30 procedure, the procedure where a defendant objects to the use of the Rule 30 procedure and modifications to the Rules regarding the filing of a defence and certain time limits.
C. SERVICE OUT [r.23, r.24 and r.28]
2.8. A claimant who serves a claim form on a defendant out of the jurisdiction and the Emirate must first file and must serve with the claim form a copy of a notice containing a statement of the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction or the Emirate.
2.9. A claimant who serves a claim form on a defendant out of the jurisdiction and the Emirate must serve the claim form and the notice on that defendant personally.
2.10. A claim form which is to be served on a defendant out of the jurisdiction and the Emirate must be endorsed on its first page with a notice substantially to the following effect:

"This claim form is to be served on a defendant out of the Abu Dhabi Global Market and the Emirate of Abu Dhabi.

A defendant who wishes to dispute the Court's jurisdiction to try the claim, or wishes to argue that the Court should not exercise its jurisdiction, may do so in accordance with Rule 38 of the ADGM Court Procedure Rules."
D. ANSWERING A CLAIM [r.36, r.37 and r.44]
2.11. The Rules require that a defendant must file and serve an acknowledgement of service and that a defendant who wishes to defend all or part of a claim must file and serve a defence.
2.12. An acknowledgment of service must be in accordance with Form CFI 7.
Requirements
2.13. A defendant's defence must set out the claimant's statement of case and set out, in numbered paragraphs corresponding to and opposite the relevant paragraph of the claimant's statement of case, the defendant's answer to the allegations of fact and the propositions of law advanced by the claimant.
2.14. A defence must be in accordance with Form CFI 8.
E. MAKING A COUNTERCLAIM [r.50]

Requirements
2.15. A defendant who wishes to make a counterclaim must set out, in summary form and in numbered paragraphs:
(a) the particulars of the counterclaim and the propositions of law which the defendant will contend entitle the defendant to the final orders the defendant seeks by counterclaim; and
(b) the final orders which the defendant seeks by counterclaim.
2.16. A counterclaim must be in accordance with Form CFI 9.
F. REPLY TO A DEFENCE AND ANY COUNTERCLAIM [r.45]
2.17. A claimant who seeks to reply to a defendant's defence, or to defend a defendant's counterclaim, must set out:
(a) the defendant's defence and any counterclaim, including the claimant's statement of case; and
(b) in numbered paragraphs corresponding to and opposite the relevant paragraph of the defendant's defence and any counterclaim, the claimant's reply to the particulars of claim and the propositions of law advanced by the defendant.
G. PREPARATION AND FILING OF STATEMENTS OF CASE
2.18. As the previous paragraphs of this Practice Direction require, statements of case prepared after the claimant's initial statement of case are to be prepared in a form which will:
(a) set out the particulars of claim and the propositions of law relied on by the claimant;
(b) set out opposite those allegations and propositions, the answers made to those particulars and propositions; and
(c) in like manner, set out opposite those answers, any reply made to those answers.
2.19. If amendments are made to a party's statement of case, it will be the responsibility of the amending party to prepare file and serve a substitute document setting out the parties' statements of case in the manner described in paragraph 2.19 of this Practice Direction.
2.20. Within 14 days after the claimant files any reply and any defence to a counterclaim, or within 14 days after the time for filing a reply or defence to a counterclaim has expired (whichever is the shorter), the claimant must file a copy of the last statement of case served between the parties.
H. INTEREST
2.21. Where interest is payable on a judgment debt and there is no agreed rate, it shall be at the rate of 7 per cent from the date that judgment is given until payment.