Part 36

Judgements and Orders

I    JUDGMENTS AND ORDERS

Scope of this section

36.1     This Section sets out Rules about judgments and orders which apply except where any other of these Rules or a Practice Direction makes a different provision in relation to the judgment or order in question.

Standard requirements

36.2     Every judgment or order must state the name and judicial title of each person who made it, unless it is –

(1)     default judgment entered under Rule 13.7 (entry of default judgment where judgment is entered by a Tribunal officer) or a default costs certificate obtained under Rule 39.17;

(2)     judgment entered under Rule 15.17, 15.23 and 15.29 (entry of judgment on admission where judgment is entered by a Tribunal Officer).

36.3     Every judgment or order must –

(1)     bear the time of day at which and date on which it is given or made; and

(2)     be sealed by the Tribunal.

36.4     Tribunal Orders and other documents may be issued and sealed electronically.

Examples of forms of trial judgment

36.5     Form P36/01 is the general form of judgment.

36.6     A trial judgment should have the following matters set out in a preamble:

(1)  any order made during the course of the trial concerning the use of evidence,

(2)     any matters that were agreed between the parties prior to or during the course of the trial in respect of

(a)     liability,

(b)     contribution,

(c)     the amount of the damages or part of the damages, and

(3)     the findings of the Tribunal in respect of each head of damage in a personal injury case.

Statement as to service of a claim form

36.7     Where a party to proceedings which have gone to trial requires a statement to be included in the judgment as to where, and by what means the claim form issued in those proceedings was served, application should be made to the Tribunal when judgment is given.

36.8     If the Tribunal so orders, the statement will be included in a preamble to the judgment as entered.

Adjustment of final judgment figure in respect of an interim payment

36.9     In a final judgment where an interim payment has previously been made which is less than the total amount awarded by the Tribunal, the judgment or order should set out in a preamble:

(1)     the total amount awarded by the Tribunal, and

(2)     the amount and date of the interim payment(s).

36.10     The total amount awarded by the Tribunal should then be reduced by the total amount of any interim payments, and the judgment or order should then provide for entry of judgment and payment of the balance.

36.11     In a final judgment where an interim payment has previously been made which is more than the total amount awarded by the Tribunal, the judgment or order should set out in a preamble

(1)    the total amount awarded by the Tribunal, and

(2)     the amount and date of the interim payment(s).

36.12     An  order  should  then  be  made  for  repayment, reimbursement,  variation  or  discharge under Rule 25.87 and for interest on an overpayment under Rule 25.90.

Currency other than UAE Dirham

36.13     Where judgment is ordered to be entered in a currency other than UAE Dirham, the order should be in the following form:

It is ordered that the defendant pay the claimant (state the sum in the currency other than UAE Dirham) or the UAE Dirham equivalent at the time of payment.

Costs

36.14     Attention is drawn to Parts 38 and 39, in particular, to the Tribunal’s power to make a summary assessment of costs and the provisions relating to interest in detailed assessment proceedings.

36.15     Attention is also drawn to 38.55 which provides that if an order makes no mention of costs, none are payable in respect of the proceedings to which it relates.

Judgments paid by instalments

36.16     Where a judgment is to be paid by instalments, the judgment should set out:

(1)     the total amount of the judgment,

(2)     the amount of each instalment,

(3)     the number of instalments and the date on which each is to be paid, and

(4)     to whom the instalments should be paid.

Drawing up and filing of judgments and orders

36.17     Except for orders made by the Tribunal of its own initiative and unless the Tribunal otherwise orders, every judgment or order will be drawn up by the parties.

36.18     Where a judgment or an order is to be drawn up by a party –

(1)     he must file it no later than 48 hours after the date on which the Tribunal ordered or permitted him to draw it up so that it can be sealed by the Tribunal; and

(2)     if he fails to file it within that period, any other party may draw it up and file it.

36.19     Where any judgment, order or direction is to be served outside Dubai:

(1)     the Tribunal may direct a party or parties to prepare and/ or agree an Arabic translation and lodge a copy with the Tribunal Registry and/ or serve a copy on any other party or person;

(2)     applicants in without notice proceedings should be aware that the Tribunal may require service of an Arabic translation of the order sought and made at the same time as service of the English version of the order. Where a party seeks an urgent without notice injunction, the party may be well advised to prepare an Arabic translation in advance of the hearing;

(3)     in the event of any inconsistency between the Arabic and English versions of any judgment, order or direction, the English version shall prevail.

36.20     The Tribunal may direct that –

(1)     a judgment or an order drawn up by a party must be checked by the Tribunal before it is sealed; or

(2)     before a judgment or an order is drawn up by the Tribunal, the parties must file an agreed statement of its terms.

36.21     If the Tribunal directs that a judgment or order which is being drawn up by a party must be checked by the Tribunal before it is sealed, the party responsible must file the draft within 48 hours of the date the order was made with a request that the draft be checked before it is sealed.

36.22     If the Tribunal directs the parties to file an agreed statement of terms of an order which the Tribunal is to draw up, the parties must do so no later than 48 hours from the date the order was made, unless the Tribunal directs otherwise.

36.23     If the Tribunal requires the terms of an order which is being drawn up by the Tribunal to be agreed by the parties the Tribunal may direct that a copy of the draft order is to be sent to all the parties:

(1)     for their agreement to be endorsed on it and returned to the Tribunal before the order is sealed, or

(2)     with notice of an appointment to attend before the Tribunal to agree the terms of the order.

Service of judgments and orders

36.24     Where a judgment or an order has been drawn up by a party and is to be served by the Tribunal –

(1)     the party who drew it up must file a copy to be retained at the Tribunal Registry and sufficient copies for service on him and on the other parties; and

(2)     once it has been sealed, the Tribunal must serve a copy of it on each party to the proceedings.

36.25     Unless the Tribunal directs otherwise, any order made otherwise than at trial must be served on –

(1)     the applicant and the respondent; and

(2)     any other person on whom the Tribunal orders it to be served.

 

Power to require judgment or order to be served on a party as well as his legal representative

36.26     Where the party on whom a judgment or order is to be served is acting by a legal representative, the Tribunal may order the judgment or order to be served on the party as well as on his legal representative.

Agreed orders

36.27     An application for an agreed order must include a draft of the proposed order signed on behalf of all the parties to whom it relates.

36.28     Where proceedings are to be stayed on agreed terms:

(1)     The draft order should include the following:

    “(1) The Claimant and the Defendant having agreed to the terms set forth in the schedule hereto, IT IS ORDERED THAT all further proceedings in this claim be stayed, except for the purpose of carrying such terms into effect.

(2)     Liberty to apply in order to carry such terms into effect.”; and

(2)     Settlement terms should be set out in a schedule attached to the draft order.

When judgment or order takes effect

36.29     A judgment or order takes immediate effect from the time on the day when it is given or made, or such later time or date as the Tribunal may specify.

Time from which interest begins to run

36.30     Where interest is payable on a judgment pursuant to Article 39 of the Court Law 2004 (as amended and applied to proceedings before the Tribunal pursuant to the terms of the Tribunal Decree), the interest shall begin to run from the date that judgment is given unless –

(1)     a Rule in another Part or a Practice Direction makes different provision; or

(2)     the Tribunal orders otherwise.

36.31     The Tribunal may order that interest shall begin to run from a date before the date that judgment is given.

Who may apply to set aside or vary a judgment or order

36.32     A person who is not a party but who is directly affected by a judgment or order may apply to have the judgment or order set aside or varied.

Time for complying with a judgment or order

36.33     A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless –

(1)     the judgment or order specifies a different date for compliance (including specifying payment by instalments);

(2)     any of these Rules specifies a different date for compliance; or

(3)     the Tribunal has stayed the proceedings or judgment.

Orders requiring an act to be done

36.34     An order which requires an act to be done (other than a judgment or order for the payment of an amount of money) must specify the time within which the act should be done.

36.35     The consequences of failure to do an act within the time specified may be set out in the order. In this case the wording of the following example suitably adapted must be used:

Unless the [claimant][defendant] serves his list of documents by 4.00 p.m. on Thursday, 24 June 2010 his [claim][defence] will be struck out and judgment entered for the [defendant][claimant].

Non-compliance with a judgment or order

36.36     An order which restrains a party from doing an act or requires an act to be done should, if disobedience is to be dealt with by an application to bring contempt of Tribunal proceedings, have a penal notice endorsed on it as follows:

If you [ ] disobey this order you may be held to be in contempt of and may be imprisoned, fined or have your assets seized.

36.37     The provisions of Rule 36.34 also apply to an order which contains an undertaking by a party to do or not do an act, subject to Rule 36.38.

36.38     The Tribunal has the power to decline to:

(1)     accept an undertaking, and

(2)     deal with disobedience in respect of an undertaking by contempt proceedings

unless the party giving the undertaking has made a signed statement to the effect that he understands the terms of his undertaking and the consequences of failure to comply with it.

36.39     The statement may be endorsed on the order containing the undertaking or may be filed in a separate document such as a letter.

Correction of errors in judgments and orders

36.40     The Tribunal may at any time correct an accidental slip or omission in a judgment or order.

36.41     A party may apply for a correction without notice.

36.42     The application notice (which may be an informal document such as a letter) should describe the error and set out the correction required. An application may be dealt with without a hearing:

(1)     where the applicant so requests,

(2)     with the consent of the parties, or

(3)     where the Tribunal does not consider that a hearing would be appropriate.

36.43     The Tribunal may deal with the application without notice if the slip or omission is obvious or may direct notice of the application to be given to the other party or parties.

36.44     If the application is opposed it should, if practicable, be listed for hearing before the judicial panel or Tribunal Members who gave the judgment or made the order or (where the Registrar made the order) before the Registrar.

36.45     The Tribunal has an inherent power to vary its own orders to make the meaning and intention of the Tribunal clear.

Cases where Tribunal gives judgment both on claim and counterclaim

36.46     Rule 36.47 applies where the Tribunal gives judgment for specified amounts both for the claimant on his claim and against the claimant on a counterclaim.

36.47     If there is a balance in favour of one of the parties, it may order the party whose judgment is for the lesser amount to pay the balance.

36.48     In a case to which Rule 36.47 applies, the Tribunal may make a separate order as to costs against each party.

Judgment in favour of certain part owners relating to the detention of goods

36.49     In Rule 36.50 ‘part owner’ means one of two or more persons who have an interest in the same goods.

36.50     Where –

(1)     a part owner makes a claim relating to the detention of the goods; and

(2)     the claim is not based on a right to possession,

any judgment or order given or made in respect of the claim is to be for the payment of damages only, unless the claimant had the written authority of every other part owner of the goods to make the claim on his behalf as well as for himself.

II    DECLARATORY JUDGMENTS

36.51     The Tribunal may make binding declarations whether or not any other remedy is claimed.

III    PREPARATION OF DOCUMENTS UNDER AN ORDER

36.52     Where a judgment or order directs any document to be prepared, executed or signed, the order will state:

(1)     the person who is to prepare document, and

(2)     if the document is to be approved, the person who is to approve it.

36.53     If the parties are unable to agree the form of the document, any party may apply in accordance with Part 23 for the form of the document to be settled.

36.54     In such case the Tribunal may:

(1)     settle the document itself, or

(2)     refer it to:

(a)     the Registrar, or

(b)     an Assessor in accordance with Part 31 subject to such modifications as it thinks fit.

IV    ACCOUNTS AND INQUIRIES

Accounts and inquiries: General

36.55     Where the Tribunal orders any account to be taken or any inquiry to be made, it may, by the same or a subsequent order, give directions as to the manner in which the account is to be taken and verified or the inquiry is to be conducted.

36.56     In particular, the Tribunal may direct that in taking an account, the relevant books of account shall be evidence of their contents but that any party may take such objections to the contents as he may think fit.

36.57     Any party may apply to the Tribunal in accordance with Part 23 for directions as to the taking of an account or the conduct of an inquiry or for the variation of directions already made.

36.58     Every direction for the taking of an account or the making of an inquiry shall be numbered in the order so that, as far as possible, each distinct account and inquiry is given its own separate number.

Verifying the account

36.59     Subject to any order to the contrary:

(1)     the accounting party must make out his account and verify it by an affidavit to which the account is exhibited,

(2)     the accounting party must file the account with the Tribunal and at the same time notify the other parties that he has done so and of the filing of any affidavit verifying or supporting the account.

Objections

36.60     Any party who wishes to contend:

(1)     that an accounting party has received more than the amount shown by the account to have been received, or

(2)     that the accounting party should be treated as having received more than he has actually received, or

(3)     that any item in the account is erroneous in respect of amount, or

(4)     that in any other respect the account is inaccurate,

must, unless the Tribunal directs otherwise, give written notice to the accounting party of his objections.

36.61     The written notice referred to in Rule 36.60 must, so far as the objecting party is able to do so:

(1)    state the amount by which it is contended that the account understates the amount received by the accounting party,

(2)     state the amount which it is contended that the accounting party should be treated as having received in addition to the amount he actually received,

(3)     specify the respects in which it is contended that the account is inaccurate, and

(4)     in each case, give the grounds on which the contention is made.

36.62     The contents of the written notice must be verified by an affidavit to which the notice is an exhibit.

Allowances

36.63     In taking any account all just allowances shall be made without any express direction to that effect.

Management of proceedings

36.64     The Tribunal may at any stage in the taking of an account or in the course of an inquiry direct a hearing in order to resolve an issue that has arisen and for that purpose may order that points of claim and points of defence be served and give any necessary directions.

Delay

36.65     If it appears to the Tribunal that there is undue delay in the taking of any account or the progress of any inquiry the Tribunal may require the accounting party or the party with the conduct of the inquiry, as the case may be, to explain the delay and may then make such order for the management of the proceedings (including a stay) and for costs as the circumstances may require.

Distribution

36.66     Where some of the persons entitled to share in a fund are known but there is, or is likely to be, difficulty or delay in ascertaining other persons so entitled, the Tribunal may direct, or allow, immediate payment of their shares to the known persons without reserving any part of those shares to meet the subsequent costs of ascertaining the other persons.

Accounts and inquiries to be conducted before the Registrar

36.67     Unless the Tribunal orders otherwise, an account or inquiry will be taken or made by the Registrar.

Advertisements

36.68     The Tribunal may –

(1)     direct any necessary advertisement; and

(2)     fix the time within which the advertisement should require a reply.

Examination of claims

36.69     Where the Tribunal orders an account of debts or other liabilities to be taken, it may direct any party, within a specified time, to –

(1)     examine the claims of persons claiming to be owed money out of the estate or fund in question;

(2)     determine, so far as he is able, which of them are valid; and

(3)     file written evidence –

(a)     stating his findings and his reasons for them; and

(b)     listing any other debts which are or may be owed out of the estate or fund.

36.70     Where the Tribunal orders an inquiry for claimants to an estate or fund, it may direct any party, within a specified time, to –

(1)     examine the claims that are made;

(2)     determine, so far as he is able, which of them are valid; and

(3)     file written evidence stating his findings and his reasons for them.

36.71     If the personal representatives or trustees concerned are not the parties directed by the Tribunal to examine claims, the Tribunal may direct them to join with the party directed to examine claims in producing the written evidence required by this rule.

Consideration of claims by the Tribunal

36.72     For the purpose of considering a claim the Tribunal may –

(1)     direct it to be investigated in any manner;

(2)     direct the person making the claim to give further details of it; and

(3)     direct that person to –

(a)     file written evidence; or

(b)     attend before the Tribunal to give evidence,
to support his claim.

Notice of decision

36.73     If –

(1)     the Tribunal has allowed or disallowed any claim or part of a claim; and

(2)     the person making the claim was not present when the decision was made,

(3)     the Tribunal will serve on that person a notice informing him of its decision.