DIFC Courts

Practice Direction No. 6 of 2008 DIFC Courts’ Fees

December 15, 2008 Practice Directions

In The Judicial Authority of The Dubai International Centre
DIFC Courts
Practice Direction No 6 of 2008

DIFC Courts’ Fees

Citation

This Practice Direction is issued pursuant to section 5 of DIFC Order No.1 of 2007 in respect of the Rules of DIFC Courts Order No.1 of 2007. It may be cited as Practice Direction 6 of 2008 — DIFC Courts’ Fees and may be abbreviated to PD 6/2008.

The attached schedule 1 of this Practice Direction prescribes the fees of the DIFC Courts that will come into effect on the 1st of January 2009.

Chief Justice of the DIFC Courts

Dated: 15th of December 2008

Schedule 1

Courts’ Fees

I. Originating Proceedings — CFI

1. Money and/or property claims:
5% of the value of the claim and/or the property with a minimum of US$500 and a maximum of US$8,000.
2. Unliquidated damages claims:
If quantified, as 1. above. If not quantified, an initial fee of US$1,000, with the balance to be paid (assessed based on the calculation described in 1 above) when the claim is quantified.
3. Proceedings for judicial review US$500
4. Proceedings for any other remedy or relief not included above US$1,000
5. On filing proceedings against a party or parties not named in the originating proceedings US$200

Notes:

1. Where Fee no. II. 1 has been paid the fee payable for issuing the proceedings is correspondingly reduced.

 

2. Where a claim is both for money and for other relief (whether cumulatively or in the alternative) only the higher applicable fee is payable.

 

3. For a claim made by way of counterclaim the same fee shall be payable as if the relief or remedy sought were the subject of separate proceedings.

 

4. Where a claim or counterclaim is amended so that a higher fee would have been payable if it had been so drawn originally, the party making the amendment shall pay the difference.

 

II. Applications etc

1. On an application for permission to issue originating proceedings US$500
2. On issuing an application notice US$100
3. On setting down for a hearing US$1,000
4. For each half day of a hearing after the first day US$5001

Note:

Fee II.2 is payable whenever an application notice is issued by the court office at the request of a party, whether or not under Part 23 of the Rules of Court and whether or not notice of the application is given to the other party; but it is not payable when an application is made orally only.

III. Orders and witness summonses

1. On sealing a judgment or order of the Court:
  (a) where the order is a consent order or is made without a hearing US$50
  (b) in all other cases US$200
2. On sealing:
  (a) a Registrar’s certificate US$100
  (b) a writ of execution (r.48.40-3) US$50
3. On the issue of a witness summons to be served by the Court – for each summons. US$200

IV. Searches and copies

1. Search of register of claims (r.6.8) US$20
2. Supply of copy document from the Court records (r. 6.9-12, 17)
  (a) for the first page (except the first page of a subsequent copy of the same document issued at the same time) US$2
  (b) for each subsequent page US$1
3. Supply of a copy of any other document required in connection with proceedings in the Court, for each page US$1

V. Appeals

1. Application for permission to appeal US$500
2. Request for reconsideration of refusal of permission US$500
3. Filing a request for review of a decision of the Registrar or a single judge under rule 44.153 US$500
4. Filing an appellant’s notice:
  (a) where Fee no V.1 has been paid US$900
  (b) in all other cases US$1,000
Filing a respondent’s notice asking the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court US$1,000

Note: For a cross-appeal the same fees are payable as for an appeal.

VI. Determination of Costs

1. Filing a request for a detailed assessment US$500
2. On issuing:
  (a) a default costs certificate or certificate for an agreed amount US$100
  (b) an interim costs certificate (r.40.36) 5% of the sum certified
  (c) a final costs certificate (r.40.41) 5% of the sum certified
3. On Filing an appeal notice under rule 40.50 US$500

Note:

Where the sum certified in a final costs certificate includes costs certified in an interim certificate in respect of which Fee VI.2 (b) has been paid the fee for the final costs certificate is correspondingly reduced.

Small Claims Tribunal Fees

1. Filing fee for claims relating to an employment dispute: 2% of the value of the claim with a minimum of AED 200.

 

2. Should a claim relating to an employment dispute be referred to the CF1 a further fee shall be payable at the rate of: 1% of the value of the claim with a minimum of AED 100.

 

3. Filing fee for all other claims: 5% of the value of the claims with a minimum of AED 500

 

4. Should a claim relating to a non-employment dispute be referred to the CFI a further fee shall be payable at the rate of: 2.5% of the value of the claim with a minimum of AED 250.

 

Note:

1. The SCT Registrar shall have the discretion to reduce or waive applicable fees in the SCT if it in its sole discretion considers it appropriate in the circumstances.

 

2. For a claim made by way of counterclaim the same fee shall be payable as if the relief or remedy sought were the subject of separate proceedings.

 

Registration of Practitioners Fees

1. Registration fee applicable to registration in Part I US$1,500
2. Addition of lawyers within Part I US$100
3. Registration fee applicable to registration in Part II US$500
4. Renewal fee applicable to registration in Part II US$100

All of the above mentioned fees are payable in United States Dollars or its equivalent in UAE Dirhams from time to time.

1 The fee shall be collected when the hearing is set down by the DIFC Courts based on the number of days agreed by the parties or, failing agreement, determined by the DIFC Courts. Fees for any overrun shall be collected prior to the expiry of the period for which the hearing was originally set down. The paying party may seek reimbursement of any payment of this fee for half days not utilized for the relevant hearing, which reimbursement shall be at the DIFC Courts’ discretion.