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

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

May 25, 2017

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FORMER PART 44 – APPEAL RULES APPLICABLE TO JUDGMENTS AND ORDERS ISSUED BEFORE 25 MAY 2017

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

Step 2: Appeal Notice and Appeal Bundle filed to the Court of Appeal (CA) within 14 days of the date of the Judgment or Order.

Step 3: The documents filed in step 2 are to be served on the Respondent within 7 days of the date of filing and a Certificate of Service must be filed.

(NOTE: if the Appeal Notice is filed without the Skeleton Argument, the Skeleton Argument is to be filed within 14 days from the date of the Appeal Notice.)

Step 4: The CA will determine permission to appeal, either at a Permission Hearing or on paper.

Step 5(A): If permission is denied without an Appeal Hearing, the Appellant may seek reconsideration of that decision on permission to appeal at a Reconsideration Hearing, unless ordered otherwise. This is to be followed by a brief written statement of the points to be made and why permission should be granted at least 4 days before the Reconsideration Hearing. The Court may request the Respondent to attend the Reconsideration Hearing or make submissions in opposition. If permission at the Reconsideration Hearing is subsequently granted, an Appeal Case is opened by the Registry.

Step 5(B): If permission is granted by the Court of Appeal without a Permission Hearing, 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 Court of Appeal within 14 days from the date the Respondent receives the order granting permission to appeal, or 14 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 to appeal being granted, the legal representatives of the parties are to provide their time estimates for the hearing.

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

(NOTES ON SKELETON ARGUMENTS: The Respondent’s Skeleton Argument, if no Respondent’s Notice is filed, is to be filed at least 7 days before the Appeal Hearing. The Appellant’s Supplementary Skeleton Argument is to be filed at least 14 days before the Appeal Hearing, followed by the Respondent’s Supplementary Skeleton Argument at least 7 days before the Appeal Hearing.)

Step 8: The Core Bundle shall be filed no later than 28 days after permission to appeal has been granted.

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 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.