DIFC Courts Practice Direction No. 1 of 2026: Adjournment of Hearings

Introduction

The DIFC Courts have introduced a clearer framework for parties seeking to postpone a scheduled hearing. Practice Direction No. 1 of 2026 explains the requirements that apply when parties agree to an adjournment and when a request is contested, while reaffirming that the final decision remains with the court.

On July 14, 2026, the DIFC Courts issued Practice Direction No. 1 of 2026 concerning the adjournment of hearings. Effective from July 21, 2026, the Practice Direction provides more detailed guidance on how parties should request the postponement of a hearing already scheduled before the DIFC Courts.

Previously, parties were generally required to follow the standard procedure for court applications under Part 23 of the Rules, while Parts 26.83 to 26.91 established the broader principle that postponing a hearing should be treated as a measure of last resort. The new Practice Direction builds on these principles by setting out a clearer process for parties seeking an adjournment.

Where the parties agree

Where all parties agree that a hearing should be adjourned, they must promptly notify the Registrar jointly, either by letter or email. Their notification should:

• confirm that the parties consent to the adjournment and state when that agreement was reached;
• explain why the adjournment is being requested; and
• propose alternative dates for the hearing.

However, an agreement between the parties does not automatically postpone the hearing. The decision remains with the court, which may direct that the hearing proceed on its scheduled date. Until the court approves the request, the parties must continue preparing for the hearing.

Where the parties do not agree

If the parties cannot agree, the party seeking the adjournment must submit a formal application under Part 23 of the Rules of the DIFC Courts. The application must explain:

• why the adjournment is required;
• when the circumstances giving rise to the request arose; and
• the legal or practical harm that may result if the request is refused.

The requesting party should first warn the other party of its intention to apply. The application must then be filed and served on each respondent, together with the supporting evidence and any proposed court order relied on by the applicant.

Why timing matters

The Practice Direction reinforces the importance of acting promptly. A party should apply as soon as the circumstances giving rise to the request become known.

This reflects the established approach of the DIFC Courts. The Rules describe postponement as a measure of last resort, and previous DIFC Court decisions have cautioned that last-minute applications should be treated with considerable caution. Parties should therefore not assume that an adjournment will be granted simply because circumstances have changed or because all parties consent.

Practical implications for parties

Practice Direction No. 1 of 2026 provides greater clarity for parties and their advisers by distinguishing between agreed and contested requests. In both situations, the key considerations are prompt action, a clear explanation of the reasons for the request, and continued readiness to proceed with the hearing unless the court decides otherwise.

The framework also makes clear that control of the court’s schedule rests with the court itself. An agreement between the parties is relevant, but it does not replace the need for formal approval. Parties considering an adjournment should therefore address the procedural requirements early and continue meeting all existing hearing deadlines while their request is being considered.

In their practice note for LexisNexis Middle East, Mohamed Abdelrehiem, Partner, and Mohamed Ehab, Associate, examine the framework established by Practice Direction No. 1 of 2026 and its practical implications for parties appearing before the DIFC Courts.

Read the full practice note on LexisNexis Middle East: DIFC Courts Practice Direction No. 1/2026: Adjournment of Hearings [Lexis® Middle East]