Claim No: CFI 016-2015
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE H.E. JUSTICE ALI ALMADHANI
BETWEEN
(1) MOHAMMAD ABU AL HAJ
(2) ABU AL HAJ HOLDING
Claimants
and
(1) SHEIK SULTAN KHALIFA SULTAN AL NEHAYAN IN HIS CAPACITY AS DIRECTOR OF GOLD HOLDING LTD.
(2) SHEIK SULTAN KHALIFA SULTAN AL NEHAYAN
Defendants
CASE MANAGEMENT ORDER OF H.E. JUSTICE ALI AL MADHANI
UPON reviewing the relevant documents on the Court file
AND UPON hearing the first Claimant and Counsel for the Defendants at the Case Management Conference held on 17 August 2016.
IT IS HEREBY ORDERED THAT:
1.The Defendants’ Application Notice CFI-016-2015/4 dated 22 October 2015 be granted as agreed for costs only against the Claimants, to be assessed if not agreed.
2. The Second Defendant shall file an amended Defence and Counterclaim by no later than 4pm on Thursday 15 September 2016.
Production of Documents
3. Standard production of documents shall be made by each party by no later than 4pm on Thursday 22 September 2016. [RDC 20141 Rule 28.15]
4. The parties shall file and serve any Request to Produce[1] by no later than 4pm on Thursday 6 October 2016. [RDC 28.16]
5. Objections to Requests to Produce (if any) shall be filed and served within five days thereafter and in any event by no later than 4pm on Thursday 13 October 2016. [RDC 28.26]
6. Where objections to any Requests to Produce[2] have been made, the Court will determine those objections and will make any disclosure order within the following five days and in any event no later than 4pm on Thursday 20 October 2016. [RDC 28.38]
7. The parties shall comply with the terms of any disclosure order within five days thereafter and in any event by no later than 4pm on Thursday 27 October 2016. [RDC 28.42]
8. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within ten days from the date of the Request to Produce and in any event by no later than 4pm on Sunday 16 October 2016. [RDC 28.20]
Witness Statements
9. Signed statements of witnesses of fact, and hearsay notices where required by RDC 29.2 and 29.103 to 29.105 inclusive shall be exchanged in any event not later than 4pm on Thursday 13 October 2016.
10. Any Witness Statement evidence in reply to be filed and served within two weeks thereafter and in any event not later than 4pm on Thursday 27 October 2016.
11. Unless otherwise ordered, Witness Statements are to stand as evidence in chief of the witness at trial. The opposing party shall have the right to cross-examine the witness at trial.
Expert Reports
12. No expert reports shall be filed.
Progress Monitoring Hearing
13. The Progress Monitoring Hearing shall take place at 10am on Tuesday 1 November 2016.
14. The parties shall send to the Registry (with copy to all other parties) a Progress Monitoring Information Sheet at least 3 clear days before progress monitoring hearing and in any event by no later than 4pm on Wednesday 26 October 2016. [RDC 26.57].
Trial Bundles
15. Agreed trial bundles shall be completed in accordance with Part 35 of the RDC and lodged no later than 2 weeks before trial [RDC 35.34].
Reading List
16. A single reading list approved by all parties’ legal representatives for trial shall be lodged with the Registry not later than 2 clear days before the trial date, together with an estimate of time required for reading. [RDC 35.51].
Skeleton Argument, Opening Statements and Chronology
17. Skeleton Arguments and Written Opening Statements shall be served on all other parties and lodged with the Court two clear days before the start of trial for the Claimants and one clear day before the start of trial for the Defendants. [RDC 35.62]
18. Parties to prepare a Chronology of significant events cross-referenced to significant documents, pleadings and witness statements to be agreed, insofar as possible, and to be filed 1 week before trial. [RDC 35.64].
Trial
19. The trial of this matter is to take place in the week of 4 December 2016 with an estimated duration of two days.
20. Costs in the Case to be determine by the trial judge.
21. Liberty to apply.
Issued by:
Natasha Bakirci
Assistant Registrar
Date of issue: 31 August 2016
At: 1pm
