RPP 5-18 RPP 5-18 Costs
The DFSA will generally seek litigation costs orders from the
Courtand the FMTwhere it has commenced a proceeding and been successful in achieving the outcome sought.
The DFSA may also make an application claiming the costs of an investigation where the
FMTor any court of law, as a result of that investigation, has found a contravention of the Law or Rules50. Such applications are described in section 5-10 of this chapter.
50 Article 79(2) of the Regulatory Law
Undertakings as to Damages
Pursuant to Article 47(1) of the Court Law, the
Courtshall not require the DFSA to give an undertaking as to damages as a condition for granting an injunction or any order made under DIFC Law. In making any order the Courtshall not take into account in determining the merits of an application for the injunction that the DFSA has not given an undertaking as to damages.
Enforcement of Orders
The DFSA will do all things necessary and where appropriate, commence relevant actions to ensure full compliance with any orders of the
FMTor of the Courtwhich arise out of an investigation.
In particular, Article 87(5) provides that the DFSA may apply to the
Courtfor recovery, as a debt due, of so much of a fine as is not paid by a party together with costs. Further, in appropriate circumstances, the DFSA may apply to the Courtfor the winding up of a body corporate.