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 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 33

    Payments Into Court

  • 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 12

12.1

A defendant who wishes to:

(1) dispute the Court’s jurisdiction to try the claim; or

(2) argue that the Court should not exercise its jurisdiction;

may apply to the Court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.

12.2

A defendant who wishes to make such an application must first file an acknowledgment of service in accordance with Part 11.

12.3

A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the Court’s jurisdiction.

12.4

An application under this Part must:

(1) be made within 14 days after filing an acknowledgment of service; and

(2) be supported by evidence.

12.5

If the defendant files an acknowledgment of service and does not make an application disputing the Court’s jurisdiction within the period specified in Rule 12.4:

(1) he is to be treated as having accepted that the Court has jurisdiction to try the claim; and

(2) if his acknowledgment of service indicates an intention to dispute jurisdiction, he will be treated as if he has not filed an acknowledgment of service for the purposes of any application for judgment in default under Part 13.

12.6

If the defendant files an acknowledgment of service indicating an intention to dispute the Court’s jurisdiction, the claimant need not serve particulars of claim before the hearing of the application.

12.7

An order containing a declaration that the Court has no jurisdiction or will not exercise its jurisdiction may also make further provision including:

(1) setting aside the claim form;

(2) setting aside service of the claim form;

(3) discharging any order made before the claim was commenced or before the claim form was served; or

(4) staying the proceedings.

12.8

If on an application under this Part the Court does not make a declaration:

(1) the acknowledgment of service shall cease to have effect;

(2) the defendant may file a further acknowledgment of service within 14 days or such other period as the Court may direct; and

(3) the Court shall give directions as to the filing and service of the defence in a claim under Part 7 or the filing of evidence in a claim under Part 8 in the event that a further acknowledgment of service is filed.

12.9

If the defendant files a further acknowledgment of service in accordance with Rule 12.8(2) he shall be treated as having accepted that the Court has jurisdiction to try the claim.

12.10

If a defendant makes an application under this Part, he must file and serve his written evidence in support with the application notice, but he need not before the hearing of the application file:

(1) in a Part 7 claim, a defence; or

(2) in a Part 8 claim, any other written evidence.

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