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Guide on the Amended Part 44 of the Rules of the DIFC Courts

Guide on the Amended Part 44 of the Rules of the DIFC Courts

May 25, 2017

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AMENDED PART 44 – APPEAL RULES APPLICABLE TO JUDGMENTS AND ORDERS ISSUED ON OR AFTER 25 MAY 2017

Step 1: Judgment or Order issued by the Registry in the Court of First Instance (CFI).

Step 2: Appeal Notice filed to the CFI within 21 days of the date of the Judgment or Order.

(NOTE: if the Appeal Notice is filed without the Skeleton Argument and/or Grounds of Appeal, they are to be filed within 21 days of the date of the Appeal Notice.)

Step 3: The Respondent is to be served with the Appeal Notice (and the Skeleton Argument and Grounds of Appeal, if filed subsequently) when filed.

(NOTES ON SKELETON ARGUMENTS: The Respondent’s Skeleton Argument, if no Respondent’s Notice is filed, must be filed 28 days after the Appellant’s Skeleton Argument, followed by the Appellant’s Supplementary Skeleton Argument 14 days later, followed by the Respondent’s Skeleton Argument 14 days later and in any event be filed at least 14 days before the Appeal Hearing.)

Step 4: The Respondent is to file submissions in reply to the Appellant’s request for permission to appeal within 21 days of receipt of the Appeal Notice, or 21 days from the date of the Skeleton Argument and/or Grounds of appeal, if filed subsequently.

Step 5(A): If permission is denied by the CFI, steps 2-4 above may to be repeated if so advised, with the Appeal Notice filed to the Court of Appeal (CA).

Step 5(B): If permission is referred to the CA by the CFI, the CA will review the documents submitted in steps 2 and 4 to determine permission.

Step 5(C): If permission is granted either by the CA or the CFI, an Appeal Case is opened by the Registry.

(NOTES ON THE RESPONDENT’S NOTICE: If a Respondent’s Notice is filed, it is to be filed to the CA within 21 days from the date the Respondent receives the order granting permission to appeal, or 21 days from the date of service of the Appellant’s Notice if no permission is required. The same rules for permission to appeal for an Appeal Notice apply to a Respondent’s Notice.)

Step 6: Within 14 days of the date of permission being granted, the parties’ legal representatives are to provide their time estimates for the hearing.

Step 7: The hearing will be listed by the Registry upon liaising with the parties to the appeal.

Step 8: The Appeal Bundle shall be filed at least 21 days before the Appeal Hearing.

Step 9: The Authorities Bundle shall be filed at least 7 days before the Appeal Hearing.

Step 10: All documents are to be with the CA at least 7 days before the Appeal Hearing.

Step 11: The Appeal Hearing will take place before a panel of 3 Judges of the CA.

Step 12: After the appeal hearing, the CA will hand down Judgment within 3 – 6 months.

DISCLAIMER: Please note this is not an exhaustive list of all the requirements in the rules and is merely intended to be a guide on how the Amended Part 44 may work in practice. You are strongly advised to refer to the Amended Part 44 available at www.difccourts.ae for further guidance in relation to the substantive rule changes.

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