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Notes for party submitting form 53/02

Notes for party submitting form 53/02

July 31, 2014

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These guidelines are pursuant to Parts 44.53-44.70 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 your form.  Additional information may be obtained from the DIFC Courts’ Registry website at www.difccourts.ae.

 

Timing Requirements

Pursuant to Rule 53.74, your appellant’s notice regarding an appeal to the Court of First Instance must be filed within 14 days after the date of the decision which you wish to appeal.

Attached Documents

Please Note: Your application will not be processed without the following documents and your appeal bundle:

  •                      Two additional copies of the appellant’s notice for the Court of First Instance
  •                      One copy of the appellant’s notice for each of the respondents
  •                      One copy of your skeleton argument for each copy of the appellant’s notice that is filed

The following documents must be filed with your appeal bundle: 

  •                      A sealed copy of the appellant’s notice
  •                      A sealed copy of the order being appealed
  •                      A copy of any order giving or refusing permission to appeal, together with a copy of the Judge’s reasons for allowing or refusing permission to appeal
  •                      Any affidavit or witness statement filed in support of any application included in the appellant’s notice.
  •                       A copy of your skeleton argument
  •                      The claim form and statements of case (where relevant to the subject of the appeal)
  •                      Any application notice (or case management documentation) relevant to the subject of the appeal
  •                      Any other documents which the appellant reasonably considers necessary to enable the appeal Court to reach its decision on the hearing of the application or appeal

RULE 44.55: All documents that are extraneous to the issues to be considered on the application or the appeal MUST be excluded.  The appeal bundle may include affidavits, witness statements, summaries, experts’ reports and exhibits but only where these are directly relevant to the subject matter of appeal.

  •                      A certificate signed by the appellant’s legal representatives to the effect that they have read and understood the statement above (Rule 44.55) and that the composition of the appeal bundle complies with it

RULE 44.57: Where it is not possible to file all the above documents, the appellant must indicate which documents have not yet been filed and the reasons why they are not currently available.  The appellant must then provide a reasonable estimate or when the missing document or documents can be filed and file them as soon as reasonably practicable.

 Format of Appellant’s Notice and Attached Documents

  • Where possible the documents should be in A4 format.  Where a document has to be read across rather than down the page, it should be so placed in the bundle as to ensure that the text starts nearest the spine.
  • Where any marking or writing on colour on the document is important, the document must be copied in colour or marked up correctly in colour.
  • Documents which are not easily legible should be transcribed and the transcription marked and placed adjacent to the document transcribed.
  • Documents in a language other than English should be translated and the translation marked and placed adjacent to the document translated.  The translation should be agreed or, if it cannot be agreed, each party’s proposed translation should be included.
  • The size of any bundle should be tailored to its contents.  A large lever arch file should not be used for just a few pages nor should files be overloaded.
  • Bundles must be paginated, each page being numbered individually and consecutively.  The pagination used at trial must also be indicated.  Letters and other documents should normally be included in chronological order.
  • Page numbers should be inserted in bold figures at the bottom of the page and in a form that can be clearly distinguished from any other pagination on the document.
  • An index must be included at the front of the bundle listing all the documents and providing page references for each.  In the case of documents such as letters, invoices or bank statements, they may be given a general description.
  • Every bundle must be clearly identified, on the spine and on the front cover, with the name of the case and the Court’s reference.
  • All staples, heavy metal clips etc, must be removed.
  • Statements of case should be assembled in chapter form.

 

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

 

(RDC Part 44.53 – 44.70 – 07.10)

 

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