Guidance Note for Parties - Real Property Claims (other than Short-Term Residential Lease Claims)

Guidance Note for Parties Real Property Claims in the Real Property Division Table of Contents Introduction ................................................................................................................. 1 Scope of Real Property Claims ...................................................................................... 1 Commencing a Real Property Claim .............................................................................. 1 Service of Real Property Claim ...................................................................................... 2 Accelerated Timetable and Pleadings ............................................................................ 2 Streamlined Procedures ............................................................................................... 2 Disclosure ........................................................................................................... 2 Expedited Case Management ............................................................................... 3 Mediation ............................................................................................................ 3 Witness Statements ............................................................................................. 3 Expert Evidence ................................................................................................... 3 Case Determination ............................................................................................. 3 Bespoke Real Property Orders (Section Q of PD 15) ......................................................... 3 Appeals ....................................................................................................................... 4 Summary ..................................................................................................................... 4 Guidance Note for Parties1 Real Property Claims in the ADGM Courts’ Real Property Division Issue date: 17 October 2025 Introduction 1. This guidance note provides an overview of the procedures, requirements and key advantages associated with the newly established Real Property Division of the ADGM Courts. The guidance note applies to all real property claims (excluding short-term residential lease claims)2. The specialised procedures for real property claims are set out primarily in Part 41 of the Court Procedure Rules (CPR) and Practice Direction 15 (PD 15). 2. The real property framework is specifically designed to ensure that the system of civil justice for these types of claims is accessible, fair, and efficient [CPR 2(2)]. For real property claims, the overriding objective is to achieve an expeditious resolution, aiming for resolution within six months of the claim form being issued [PD 15.41]. Scope of Real Property Claims 3. A real property claim is defined as a dispute or claim deriving from an interest in real property or arising under ADGM’s real property regulatory framework. This includes disputes or claims involving [PD 15.1]: a. Ownership, leasehold, or security interests (such as a mortgage) in real property. b. Easements, covenants, or other real property-related rights and restrictions. c. Claims for the possession or sale of real property. d. Construction related claims or disputes that involve or affect an interest in real property. e. Claims brought pursuant to or in connection with ADGM’s regulatory framework that governs real property interests in ADGM. Commencing a Real Property Claim 4. To commence a real property claim, the claimant must use Form CFI 1A [PD 15.6]. The procedures mandate that the claim form must clearly identify the real property at issue and attach all documents necessary to prove the claimant’s interest in the property, such as title documents, lease agreements, or mortgage documentation [PD 15.7(a)]. This requirement ensures the Court has the foundational evidence that underpins the claim, which streamlines the judicial assessment process. 5. Practice Direction 15 contains a dedicated section outlining specific requirements if certain real property orders are sought (see section VI below). These requirements are there to 1 This Guidance Note has been prepared to assist parties by providing an overview of the Real Property Division as it applies to real property claims (excluding short-term residential lease claims). The Guidance Note is summarial in nature. Parties must always consult the Rules and Practice Directions in any particular case. 2 A separate Guidance Note has been prepared for short-term residential lease claims. A short-term residential lease claim is a claim or dispute arising under or in relation to a residential lease with a term of less than 4 years. 1 streamline the process for the benefit of the parties by providing the Court with the necessary information at the outset in the claim form without the need for subsequent directions from the Court to obtain that information. The claimant is also required to attach to the claim form a copy of every document referred to or relied on to prove any allegation contained in the claim form [PD 15.7(f)]. Service of Real Property Claim 6. The Registry will serve the claim form on every defendant who is to be served inside the United Arab Emirates. It is the claimant’s responsibility to serve the claim form on every defendant who is to be served outside the United Arab Emirates [CPR 337, PD 15.9]. Accelerated Timetable and Pleadings 7. The procedure for real property claims involves a streamlined timeline for pleadings, which bypasses the standard acknowledgment of service process applicable to other commercial and civil cases. Relevant Procedural Step Real Property Claim Timeline Rule/PD Acknowledgment of Service not required PD 15.12 Answering the Claim CPR 338(1), PD (Defence/Admission/Jurisdiction within 21 days of service of claim 15.13 Dispute) within 14 days of service of the CPR 339(a), PD Reply to Defence defence 15.23 8. The parties can agree to extend the period for answering a claim by up to 7 days, or a defendant can request an extension of up to 7 days from the Court [CPR 338(3)]. Any further extension requires an application to be made to the Court [CPR 338(4)]. Streamlined Procedures 9. A Judge in the Real Property Division will exercise their case management powers with the aim of expeditiously resolving a real property claim [CPR 342]. The streamlined features for real property claims include the following: Disclosure 10. The simplified disclosure framework involves: a. Mandatory Disclosure with Pleadings: Every pleading filed by a party must list and attach a copy of every document referred to or relied on to prove any allegation contained in the pleading [CPR 345(1)]. b. Standard Disclosure of Additional Documents: Any additional documents that a party intends to rely on must be disclosed within 10 days of the close of pleadings or before the CMC, whichever is earlier [CPR 345(2), PD 15.54]. 2 c. Specific Disclosure: Upon application, the Court may make an order for specific disclosure if it is satisfied that that such disclosure is necessary in order to dispose fairly of the claim or save costs [CPR 345(2), PD 15.55 - 15.56]. Expedited Case Management 11. Following the close of pleadings, the parties must file a completed Directions Questionnaire (Appendix A to PD 15) within 7 days [PD 15.42]. The Court will then convene a case management conference (CMC) within 14 days of the close of pleadings [15.43]. These quick turnaround times facilitate early judicial oversight and the prompt setting of directions for the remainder of the case. CMCs are usually conducted by videoconference. Mediation 12. The parties are actively encouraged to consider court-annexed mediation for real property cases. Mediation can be conducted at any stage of the case. A mediation for a real property case can be convened on an expedited basis as required [PD 15.42, 15.47]. Witness Statements 13. The Court will make any orders for the filing of witness statements that it considers appropriate [PD 15.58]. These orders will usually be made at the CMC. Expert Evidence 14. No party may file expert evidence or call an expert without permission of the Court [CPR 346, PD 15.59]. Any request by a party to use expert evidence must be included in that party’s Directions Questionnaire [PD 15.60]. Case Determination 15. The Court has the power to decide the case entirely on the papers without an oral hearing. This may occur if the parties agree, or if the Court considers it fair and appropriate in all of the circumstances [CPR 343, PD 15.61]. Bespoke Real Property Orders (Section Q of PD 15) 16. A distinguishing feature of the Real Property Division is the breadth of specific remedies available for real property claims, as detailed under CPR 347 and Section Q of PD 15. These include: a. Order for possession of real property (PD 15.83 - 15.87) b. Relief against forfeiture of a lease (PD 15.88 - 15.94) c. Mortgagee’s power of sale (PD 15.95 - 15.99) d. Order to restrain a power of sale (PD 15.100 - 15.101) e. Order for foreclosure (PD 15.102 - 15.108) f. Order for appointment of a receiver (PD 15.109 - 15.115) 3 g. Order for sale, mortgage, charge, exchange or partition of real property (PD 15.116 - 15.118) h. Permission to bid (PD 15.119 - 15.122) i. Writ of possession (PD 15.123 - 15.132) 17. Section Q of PD 15 establishes specific requirements that must be included in a claim form or application notice when a party seeks particular real property orders from the Court. Compliance ensures that the Court receives all necessary information, including the grounds relied on for the order sought, details of the property and its occupants, relevant financial documentation (such as mortgage statements or statements of account reflecting arrears), copies of governing instruments (such as mortgage agreements or leases), and details of any breaches or default notices served. By providing these specific details and documents in the claim form or application notice, the Court is enabled to appropriately exercise its discretion, ensure the remedy sought is appropriate, and, if granted, issue a structured order that may include specific directions to give effect to the relief awarded. Appeals 18. An appeal against an order or judgment is to be made in accordance with Part 25 of the CPR and Practice Direction 11. Before an appeal can be made, permission to appeal must first be obtained [CPR 206, Section A of Practice Direction 11]. Summary 19. The Real Property Division is designed to provide an efficient and specialised forum for handling real property claims. Tailormade procedures are available to the parties to enable the resolution of their real property disputes on an expedited basis. The real property framework promotes proactive judicial oversight and supports specific and complex real property remedies, enabling the Court to grant specialised orders for real property relief in appropriate circumstances. 4