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|