Entire Section

  • RPP 5-18 RPP 5-18 Costs

    • RPP 5-18-1

      The DFSA will generally seek litigation costs orders from the Court and the FMT where it has commenced a proceeding and been successful in achieving the outcome sought.

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 5-18-2

      The DFSA may also make an application claiming the costs of an investigation where the FMT or 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

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • Undertakings as to Damages

      • RPP 5-18-3

        Pursuant to Article 47(1) of the Court Law, the Court shall 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 Court shall 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.

        Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • Enforcement of Orders

      • RPP 5-18-4

        The DFSA will do all things necessary and where appropriate, commence relevant actions to ensure full compliance with any orders of the FMT or of the Court which arise out of an investigation.

        Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

      • RPP 5-18-5

        In particular, Article 87(5) provides that the DFSA may apply to the Court for 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 Court for the winding up of a body corporate.

        Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition