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Schedule A to Part 25

Court Rules

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PART 25

Interim remedies and security for costs

Schedule A

FREEZING ORDER

DUBAI INTERNATIONAL FINANCIAL CENTRE COURT
COURT OF FIRST INSTANCE
[ ] DIVISION/CIRCUIT

Before The Honourable Mr. Justice

B E T W E E N: Claim No.

Dated

Claimant

Defendant

Seal

Name, address and reference of Respondent

PENAL NOTICE

IF YOU [ ] DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE YOUR ASSETS SEIZED.

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHIN WHICH HELPS OR PERMITS THE RESPONDENT TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.

THIS ORDER

This is a Freezing Order made against [ ] (‘the Respondent’) on [ ] by Mr Justice [] on the application of [ ] (‘the Applicant’). The Judge read the Affidavits listed in Schedule A and accepted the undertakings set out in Schedule B at the end of this Order.

This order was made at a hearing without notice to the Respondent. The Respondent has a right to apply to the Court to vary or discharge the order — see paragraph 13 below.

There will be a further hearing in respect of this order on [ ] (‘the return date’).

If there is more than one Respondent:

(1) unless otherwise stated, references in this order to ‘the Respondent’ mean both or all of them; and

(2) this order is effective against any Respondent on whom it is served or who is given notice of it.

FREEZING ORDER

[For injunction limited to assets in the DIFC]

5. Until the return date or further order of the Court, the Respondent must not remove from the Dubai International Financial Centre (“the DIFC”) or in any way dispose of, deal with or diminish the value of any of his assets which are in the DIFC up to the value of US$.

[For worldwide injunction]

5. Until the return date or further order of the Court, the Respondent must not:

(1) remove from the DIFC any of his assets which are in the DIFC up to the value of US$; or

(2) in any way dispose of, deal with or diminish the value of any of his assets whether they are in or outside the DIFC up to the same value.

[For either form of injunction]

6 Paragraph 5 applies to all the Respondent’s assets whether or not they are in his own name and whether they are solely or jointly owned. For the purpose of this order the Respondent’s assets include any asset which he has the power, directly or indirectly, to dispose of or deal with as if it were his own. The Respondent is to be regarded as having such power if a third party holds or controls the asset in accordance with his direct or indirect instructions.

7 This prohibition includes the following assets in particular:

(1) the property known as [title/address] or the net sale money after payment of any mortgages if it has been sold;

(2) the property and assets of the Respondent’s business [known as [name]] [carried on at [address]] or the sale money if any of them have been sold; and

(3) any money in the account numbered [account number] at [title/address].

[For injunction limited to assets in the DIFC]

8 If the total value free of charges or other securities (‘unencumbered value’) of the Respondent’s assets in the DIFC exceeds US$, the Respondent may remove any of those assets from the DIFC or may dispose of or deal with them so long as the total unencumbered value of his assets still in the DIFC remains above US$.

[For worldwide injunction]

8.

(1) If the total value free of charges or other securities (‘unencumbered value’) of the Respondent’s assets in the DIFC exceeds US$, the Respondent may remove any of those assets from the DIFC or may dispose of or deal with them so long as the total unencumbered value of the Respondent’s assets still in the DIFC remains above US$.

(2) If the total unencumbered value of the Respondent’s assets in the DIFC does not exceed US$, the Respondent must not remove any of those assets from the DIFC and must not dispose of or deal with any of them. If the Respondent has other assets outside the DIFC, he may dispose of or deal with those assets outside the DIFC so long as the total unencumbered value of all his assets whether in or outside the remains above US$.

PROVISION OF INFORMATION

9.

(1) Unless paragraph

(2) applies, the Respondent must [immediately/within hours of service of this order] and to the best of his ability inform the Applicant’s legal representatives of all his assets [in the DIFC/worldwide] [exceeding US$ in value] whether in his own name or not and whether solely or jointly owned, giving the value, location and details of all such assets.

(2) If the provision of any of this information is likely to incriminate the Respondent, he may be entitled to refuse to provide it, but is recommended to take legal advice before refusing to provide the information. Wrongful refusal to provide the information is contempt of court and may render the Respondent liable to be imprisoned, fined or have his assets seized.

10. Within [ ] working days after being served with this order, the Respondent must swear and serve on the Applicant’s legal representatives an affidavit setting out the above information.

EXCEPTIONS TO THIS ORDER

11.

(1) This order does not prohibit the Respondent from spending US$ a week towards his ordinary living expenses and also US$ [or a reasonable sum] on legal advice and representation. [But before spending any money the Respondent must tell the Applicant’s legal representatives where the money is to come from.] [

(2) This order does not prohibit the Respondent from dealing with or disposing of any of his assets in the ordinary and proper course of business.]

(3) The Respondent may agree with the Applicant’s legal representatives that the above spending limits should be increased or that this order should be varied in any other respect, but any agreement must be in writing.

(4) The order will cease to have effect if the Respondent:

(a) provides security by paying the sum of US$& into Court, to be held to the order of the Court; or

(b) makes provision for security in that sum by another method agreed with the Applicant’s legal representatives.

COSTS

12. The costs of this application are reserved to the Judge hearing the application on the return date.

VARIATION OR DISCHARGE OF THIS ORDER

13. Anyone served with or notified of this order may apply to the Court at any time to vary or discharge this order (or so much of it as affects that person), but they must first inform the Applicant’s legal representatives. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Applicant’s legal representatives in advance.

INTERPRETATION OF THIS ORDER

14. A Respondent who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.

15. A Respondent which is not an individual which is ordered not to do something must not do it itself or by its directors, officers, partners, employees or agents or in any other way.

PARTIES OTHER THAN THE APPLICANT AND RESPONDENT

16. Effect of this order

It is a contempt of court for any person notified of this order knowingly to assist in or permit a breach of this order. Any person doing so may be imprisoned, fined or have their assets seized.

17. Set off by banks

This injunction does not prevent any bank from exercising any right of set off it may have in respect of any facility which it gave to the respondent before it was notified of this order.

18. Withdrawals by the Respondent

No bank need enquire as to the application or proposed application of any money withdrawn by the Respondent if the withdrawal appears to be permitted by this order.

[For worldwide injunction]

19. Persons outside the DIFC

(1) Except as provided in paragraph (2) below, the terms of this order do not affect or concern anyone outside the jurisdiction of this court.

(2) The terms of this order will affect the following persons in a country or state outside the jurisdiction of this court:

(a) the Respondent or his officer or agent appointed by power of attorney;

(b) any person who:

(i) is subject to the jurisdiction of this court;

(ii) has been given written notice of this order at his residence or place of business within the jurisdiction of this court; and

(iii) is able to prevent acts or omissions outside the jurisdiction of this court which constitute or assist in a breach of the terms of this order; and

(c) any other person, only to the extent that this order is declared enforceable by or is enforced by a court in that country or state.

SCHEDULE A

AFFIDAVITS

The Applicant relied on the following affidavits—
[name] [number of affidavit] [date sworn] [filed on behalf of]

SCHEDULE B

UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT

(1) If the Court later finds that this order has caused loss to the Respondent, and decides that the Respondent should be compensated for that loss, the Applicant will comply with any order the Court may make.

(2) The Applicant will:

(a) on or before [date] cause a written guarantee in the sum of US$ to be issued from a bank with a place of business within the DIFC, in respect of any order the Court may make pursuant to paragraph (1) above; and

(b) immediately upon issue of the guarantee, cause a copy of it to be served on the Respondent.]

(3) As soon as practicable the Applicant will issue and serve a claim form [in the form of the draft produced to the Court] [claiming the appropriate relief].

(4) The Applicant will [swear and file an affidavit/cause an affidavit to be sworn and filed] substantially in the terms of the draft affidavit produced to the Court confirming the substance of what was said to the Court by the Applicant’s legal representatives.

(5) The Applicant will serve upon the Respondent [together with this order/as soon as practicable]:

(i) copies of the affidavits and exhibits containing the evidence relied upon by the Applicant, and any other documents provided to the Court on the making of the application;

(ii) the claim form; and

(iii) an application notice for continuation of the order.

(6) Anyone notified of this order will be given a copy of it by the Applicant’s legal representatives.

(7) The Applicant will pay the reasonable costs of anyone other than the Respondent which have been incurred as a result of this order including the costs of finding out whether that person holds any of the Respondent’s assets and if the Court later finds that this order has caused such person loss, and decides that such person should be compensated for that loss, the Applicant will comply with any order the Court may make.

(8) If this order ceases to have effect (for example, if the Respondent provides security or the Applicant does not provide a bank guarantee as provided for above) the Applicant will immediately take all reasonable steps to inform in writing anyone to whom he has given notice of this order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.

(9) The Applicant will not without the permission of the Court use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in the DIFC or in any other jurisdiction, other than this claim.

(10) The Applicant will not without the permission of the Court seek to enforce this order in any country outside the DIFC [or seek an order of a similar nature including orders conferring a charge or other security against the Respondent or the Respondent’s assets].

NAME AND ADDRESS OF APPLICANT’S LEGAL REPRESENTATIVES

The Applicant’s legal representatives are:

[Name, address, reference, fax and telephone numbers both in and out of office hours and e-mail]

X

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