May 01, 2017 court of first instance - Orders,Orders
Claim No: CFI 003/2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI
BETWEEN
ALISTAIR JAMES COMPANY LIMITED
And
SAKSON DRILLING AND OIL SERVICES DMCC
CASE MANAGEMENT ORDER OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (“RDC”)
IT IS HEREBY ORDERED BY CONSENT THAT:
Agreed List of Issues
1.Adjacent to each paragraph of each witness statement, reply witness statement (if any) and skeleton argument shall be inserted the issue or issues to which that paragraph relates as numbered in the Agreed List of Issues, in order for the Court to understand to which of the agreed issues that paragraph relates.
Production of Documents (RDC Part 28)
2. Standard production of documents shall be made by each party by no later than 4pm on 29 June 2017.
3. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 13 July 2017.
4. Objections to Requests to Produce, if any, shall be filed and served within 7 days thereafter and in any event by no later than 4pm on 20 July 2017.
5. Where objections to any Requests to Produce have been made, the Court shall determine those objections and shall make any disclosure order within the following 7 days and in any event by no later than 27 July 2017.
6. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days thereafter and in any event by no later than 4pm on 10 August 2017.
7. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 21 days from the date of the Request to Produce, and in any event by no later than 4pm on 3 August 2017.
Witness Statements (RDC Part 29)
8. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 5 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 14 September 2017.
9. Any Witness Statement evidence in reply shall be filed and served by no later than 4pm on 28 September 2017.
10. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Pre-Trial Review (RDC Part 26)
11. A pre-trial review shall be listed to be held at 2pm on 25 September 2017.
Trial Bundles (RDC Part 35)
12. Agreed trial bundles shall be filed and served no later than 2 weeks before trial and in any event by no later than 4pm on that date.
Reading List and Trial Timetable (RDC Part 35)
13. An agreed reading list for trial along with an estimate of time required for reading and an estimated timetable for trial shall be filed with the Court by the Claimant no later than two clear days before trial and in any event by no later than 4pm on that date.
Skeleton Argument and Chronology (RDC Part 35)
14. Skeleton Arguments and Written Opening Statements shall be filed and served two clear days before the start of trial for the Claimant and in any event by no later than 4pm on that date and one clear day before the start of trial for the Defendant and in any event by no later than 4pm on that date.
15. The parties shall prepare an agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements which shall be filed with the Court by the Claimant by no later than 4pm two clear days before the start of trial. In the event that there are areas of disagreement, the Chronology shall include an agreed Chronology and a Chronology of events which are disputed, with the parties’ respective positions outlined therein.
Trial (RDC Part 35)
16. The trial of this matter shall be listed on 12 to 13 November 2017 with an estimated duration of one to two days.
17. Costs of the Case Management Conference shall be costs in the case.
18. The parties shall have liberty to apply.
Issued by:
Natasha Bakirci
Assistant Registrar
Date of issue: 1 May 2017
At: 12pm
