DIFC Courts
  • Part 1

    Citation, Commencement, Application And The Overriding Objective

  • Part 2

    Interpretation

  • Part 3

    Organisation Of The Court

  • Part 4

    The Court’s Case Management Powers

  • Part 5

    Forms

  • Part 6

    Court Documents

  • Part 7

    How To Start Proceedings — The Claim Form

  • Part 8

    Alternative Procedure For Claims

  • Part 9

    Service

  • Part 10

    Responding To Particulars Of Claim — General

  • Part 11

    Acknowledgment Of Service

  • Part 12

    Disputing The Court’s Jurisdiction

  • Part 13

    Default Judgment

  • Part 14

    Setting Aside Or Varying Default Judgment

  • Part 15

    Admissions

  • Part 16

    Defence And Reply

  • Part 17

    Statements Of Case

  • Part 18

    Amendments To Statements Of Case

  • Part 19

    Further Information

  • Part 20

    Addition And Substitution Of Parties

  • Part 21

    Counterclaims And Other Additional Claims

  • Part 22

    Statements Of Truth

  • Part 23

    General Rules About Applications For Court Orders

  • Part 24

    Immediate Judgment

  • Part 25

    Interim Remedies And Security For Costs

  • Part 26

    Case Management

  • Part 27

    Alternative Dispute Resolution

  • Part 28

    Production Of Documents

  • Part 29

    Evidence

  • Part 30

    Witnesses, Depositions And Evidence For Other Courts

  • Part 31

    Experts And Assessors

  • Part 32

    Offers To Settle

  • Part 34

    Discontinuance

  • Part 35

    Miscellaneous Provisions Relating To Hearings

  • Part 36

    Judgments And Orders

  • Part 37

    Change Of Legal Representative

  • Part 38

    General Rules About Costs

  • Part 39

    Fixed Costs

  • Part 40

    Procedure For Detailed Assessment Of Costs

  • Part 41

    Proceedings By Or Against The Centre, Its Bodies And The Government

  • Part 42

    Judicial Review

  • Part 43

    Arbitration Claims

  • Part 44 Amended Appeals

    AMENDED Appeals

  • Part 44 Former Appeals

    FORMER Appeals

  • Part 45

    General Rules About Enforcement Of Judgments And Orders

  • Part 46

    Charging Orders, Stop Orders And Stop Notices

  • Part 47

    Attachment Of Future Assets And Earnings

  • Part 48

    Execution Against Assets

  • Part 49

    Court’s Power To Appoint A Receiver

  • Part 50

    Orders To Obtain Information From Judgment Debtors

  • Part 51

    Interpleader

  • Part 52

    Contempt Of Court

  • Part 53

    Small Claims Tribunal

  • Part 54

    Insolvency Proceedings

  • Part 55

    Probate Rules

  • Part 56

    Technology And Construction Division

  • Part 57

    Non-Muslim Wills Registry

Part 33

Money paid into Court under a Court order

33.1

A party who makes a payment into Court under a Court order must:

(1) serve notice of the payment on every other party; and

(2) in relation to each such notice, file a certificate of service .

 

Money paid into court where defendant wishes to rely on a defence of tender before claim

33.2

Where a defendant wishes to rely on a defence of tender before claim he must make a payment into Court of the amount he says was tendered.

33.3

If the defendant does not make a payment in accordance with Rule 33.2, the defence of tender before claim will not be available to him until he does so.

 

Payment into Court under an order

33.4

A party paying money into Court under an order or in support of a defence of tender before claim must:

(1) send to the Registry:

(a) the payment;

(b) a sealed copy of the order or a copy of the defence; and

(c) Form P33/01;

(2) serve notice of payment on the other parties; and

(3) file at Court:

(a) a copy of the notice of payment; and

(b) a certificate of service confirming service of the notice on each party served.

 

Application relating to funds in Court

33.5

Any application relating to money or securities which have been paid into Court , other than an application for the payment out of the money or securities (for example, an application for money to be invested, or for payment of interest to any person):

(1) must be made in accordance with Part 23; and

(2) may be made without notice, but the Court may direct notice to be served on any person.

Payment out of money paid into Court

33.6

Money paid into Court under a Court order or in support of a defence of tender before claim may not be paid out without the Court’s permission except where:

(1) a Part 32 offer is accepted without needing the permission of the Court ; and

(2) the defendant agrees that a sum paid into Court by him should be used to satisfy the offer (in whole or in part).

33.7

Permission may be obtained by making an application in accordance with Part 23. The application notice must state the grounds on which the order for payment out is sought. Evidence of any facts on which the applicant relies may also be necessary.

33.8

Where the Court gives permission under Rule 33.6, it will include a direction for the payment out of any money in Court , including any interest accrued.

33.9

Where permission is not required to take money out of Court , the requesting party should file a request for payment in Form P33/02 with Registry , accompanied by a statement that the defendant agrees that the money should be used to satisfy the Part 32 offer in Form P33/03.

33.10

The request for payment should contain the following details:

(1) where the party receiving the payment is legally represented:

(a) the name, business address and reference of the legal representative ; and

(b) the name of the bank and the sort code number, the title of the account and the account number where the payment is to be transmitted;

(2) where the party is acting in person:

(a) his name and address; and

(b) his bank account details as in Rule 33.10(1)(b).

33.11

Where Rule 33.9 applies, interest accruing up to the date of acceptance will be paid to the defendant .

33.12

Subject Rule 33.13, if a party does not wish the payment to be transmitted into his bank account or if he does not have a bank account, he may send a written request to the Registrar for the payment to be made to him by cheque.

33.13

Where a party seeking payment out of Court has provided the necessary information, the payment where a party is legally represented must be made to the legal representative .

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