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Registrar’s Direction No 2 of 2014 – Consolidation of Applications/Cases

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

REGISTRAR’S DIRECTION NO 2 OF 2014

Consolidation of Applications/Cases before the DIFC Courts

Citation

This Registrar’s Direction will come into effect on the date of signature. It may be cited as Registrar’s Direction 2 of 2014 – Consolidation of Applications/Cases before the DIFC Courts and may be abbreviated to RD 2/2014.

In the light of the Court’s active case management powers as provided in the Rules of the DIFC Courts (RDC) 4.2, in particular RDC 4.2(7) which allows the Court to, inter alia, consolidate proceedings in circumstances in which it considers appropriate;

1)     Where two or more applications/cases are pending before the Court, if it appears to the Court:

(i)             that some common questions of law or fact arise in both or all of them; or

(ii)            that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions; or

(iii)           that for some reason it is desirable to make such an Order;

the Court may order that those applications/cases be consolidated/joined on such terms as it thinks just, or may order them to be tried at the same time or one immediately after the other or may order any of them to be stayed until after the determination of any other of them.

2)     The Court may also make an Order de-consolidating certain applications/cases should it deem it appropriate.

The Court can make such Orders on its own initiative, or upon the application of any party. Consolidation may be ordered at any time, regardless of whether claim forms have yet been served.

Procedure

3)     An order for consolidation shall direct that the application/s in respect of which the Order is made shall thence forward be carried on in such other application (the “lead case” for the purpose of consolidation) and that the title of the lead case be amended by adding thereto the title of the application/s in respect of which the Order was made.

4)     Upon such Order being made, the file/s of the application/s in respect of which the Order was made shall be transferred to and added to the file of the lead case, and a copy of the Order shall be left in the file of the lead case, and a memorandum of the transfer shall be entered in the file of the lead case.

5)     Following sub-paragraphs 3 and 4 above, all further submissions (such as defences, replies etc) shall be filed and served in respect of the consolidated “lead case”, unless the Court orders otherwise.

6)     Conversely, in the event that the Court orders de-consolidation, each individual application will revert back to its original application number and case title.

In instances in which consolidation is ordered, where appropriate the Claimant/Applicant parties are encouraged to appoint one joint legal representative and the Defendant/Respondent parties are encouraged to appoint one joint legal representative.

Mark Beer

Registrar of the DIFC Courts

Dated:    4 November 2014