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Notes for Defendant replying to a Claim Form

Notes for Defendant replying to a Claim Form

July 31, 2014

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Notes for Defendant on replying to a Part 7 Claim Form

These guidelines are pursuant to Rules 11 – 13 of the Rules of the DIFC Courts.  They are not to be used as an exhaustive resource, but will guide you in how to respond to the claim.  Additional information may be obtained from the DIFC Courts’ Registry website at www.difccourts.ae.

Your Response and What Happens Next

You should file the Acknowledgment of Service form P11/01.

  • Complete the Acknowledgment of Service within the time stated on it and return it to the Dubai International Financial Centre Courts, Building 4, The Gate District, PO Box 211724 Dubai, UAE or email it to registry@difccourts.ae.
  • If you do not file an Acknowledgment of Service, judgment may be entered against you.  Additional costs and interest may be added to the amount claimed on the front of the claim form if judgment is entered against you.

Address where notices can be sent

  • In the Acknowledgment of Service, you must give an address to which notices and documents relating to this claim are to be sent.  This must be an address within the DIFC or Dubai.
  • The address must be either your lawyer’s address or your own residential or business address.  Any address given must be in the DIFC or Dubai.
  • If you fail to provide an address for service in the DIFC or Dubai, your Acknowledgment of Service may be struck out and judgment may be entered against you.

Admitting the claim

If you admit the claim, send a written admission to the Courts with the Acknowledgment of Service.

Disputing the jurisdiction

If you wish to dispute the Court’s jurisdiction to try the claim you must:

  • Complete the Acknowledgment of Service form and send it to the Court within (i) 14 days if the claim form has been served on you within the DIFC or Dubai, or (ii) 28 days if the claim form has been served on you out of the DIFC or Dubai.
  • Make any application to contest the Court’s jurisdiction within 28 days of filing the Acknowledgment of Service.

 Disputing the claim

If you wish to dispute the claim you must:

  • File an Acknowledgment of Service within (i) 14 days if the claim form has been served on you within the DIFC or Dubai, or (ii) 28 days if the claim form has been served on you out of the DIFC or Dubai; and
  • Serve a defence within the period stated in the Acknowledgment of Service.

When corresponding with the Courts, please address forms or letters to the Registry (registry@difccourts.ae) and quote the claim number.

(RDC Part 7 – 06.10)

 

Notes for defendant on replying to a Part 8 Claim Form

These guidelines are pursuant to Rules 8 and 11 of the Rules of the DIFC Courts.  They are not to be used as an exhaustive resource, but will guide you in how to complete Form 08/02.  Additional information may be obtained from the DIFC Courts’ Registry website at www.difccourts.ae.

  •  The defendant must serve the acknowledgment of service on the claimant and any other party.
  •  The acknowledgment of service must state whether the defendant contests the claim and if the defendant seeks a different remedy from that set out in the claim form, what the remedy is.
  •  The following rules apply:
    • Rule 9.56 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the DIFC and Dubai)
    • Rule 9.48 (which requires the Court to specify the period for responding to the particulars of claim when it makes an order under Rule 9.56)
  •  Where the defendant has failed to file an acknowledgment of service and the time period for doing so has expired, the defendant may attend the hearing of the claim but may not take part in the hearing unless the Court gives permission.

Statement of Truth

  • An acknowledgment of service must be signed by the defendant or his legal representative.
  • If the acknowledgment of service is signed by a legal representative or a person holding a senior position in the defendant company or corporation, they must state their firm/company and the position they hold.

When corresponding with the Courts, please address forms or letters to the Registry (registry@difccourts.ae) and quote the claim number

(RDC Parts 8 and 11 – 06.10)

 

Notes for Defendant on replying to a Part 43 Claim Form

These guidelines are pursuant to Rule 43 of the Rules of the DIFC Courts.  They are not to be used as an exhaustive resource, but will guide you in how to respond to the claim.  Additional information may be obtained from the DIFC Courts’ Registry website at www.difccourts.ae.

Your Response and What Happens Next

  • You should file the Acknowledgment of Service form P43/02 in every case.
  • Complete the Acknowledgment of Service within the time stated on it and return it to the Dubai International Financial Centre Courts, Building 4, The Gate District, PO Box 211724 Dubai, UAE or email it to registry@difccourts.ae.
  • The Acknowledgment of Service must be filed within (i) 14 days if the claim form has been served on you within the DIFC or Dubai, or (ii) 28 days if the claim form has been served on you out of the DIFC or Dubai.
  • If you do not file an Acknowledgment of Service, judgment may be entered against you.  Additional costs and interest may be added to the amount claimed on the front of the claim form if judgment is entered against you.

Address where notices can be sent

  • In the Acknowledgment of Service, you must give an address to which notices and documents relating to this claim are to be sent.  This must be an address within the DIFC or Dubai.
  • The address must be either your lawyer’s address or your own residential or business address.  Any address given must be in the DIFC or Dubai.
  • If you fail to provide an address for service in the DIFC or Dubai, your Acknowledgment of Service may be struck out and judgment may be entered against you.

When corresponding with the Courts, please address forms or letters to the Registry (registry@difccourts.ae) and quote the claim number.

(RDC Part 43 – 06.10)

 

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