RPP 5-16 RPP 5-16 Costs
DFSAwill generally seek litigation costs orders from the Courtwhere it has commenced a proceeding and been successful in achieving all or part of the outcome sought.
Personis found by the FMTor the Courtto have contravened a provision of the Law, the FMTor Courtmay order40 that Personto reimburse the DFSAin respect of the whole or a specified part of the costs and expenses of the investigation, including the remuneration of an officer involved in the investigation.
40 Article 79(2).
Undertakings as to Damages
Under Article 47(1) of the
CourtLaw, the Courtshall not require the DFSAto 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 DFSAhas not given an undertaking as to damages.
Enforcement of Orders
DFSAwill 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 90(10) provides that the
DFSAmay 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 DFSAmay apply to the Courtfor the winding up of a body corporate.