October 11, 2021 court of first instance - Orders
Claim No: CFI 001/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
NBE (DIFC) LIMITED
Claimant
and
MR MOHAMED ELSAYED HAMED OMRAN
Defendant
AGREED CASE MANAGEMENT ORDER
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.
Amended Particulars of Claim
2. Notwithstanding paragraphs 5 and 6 below, the Claimant shall file and submit its amended Particulars of Claim pursuant to RDC Rule 18.2(1) by 4pm on 19 October 2021.
3. Notwithstanding paragraphs 5 and 6 below, the Defendant shall file and submit his amended Defence, if any, within 14 days thereafter and in any event by 4pm on 2 November 2021.
4. Notwithstanding paragraphs 5 and 6 below, the Claimant shall file and submit its amended Reply to Defence, if any, within 14 days thereafter and in any event by 4pm on 16 November 2021.
Stay for alternative dispute resolution
5. With the exception of the deadlines referred to in paragraphs 2, 3 and 4 above, the proceedings are stayed to allow the parties to engage in alternative dispute resolution until 16 November 2021.
6. If the proceedings are compromised, the parties must inform the Court of that fact in writing as soon as reasonably practicable
Production of Documents (RDC Part 28)
7. Standard production of documents shall be made by each party by 4pm on 14 December 2021.
8. The parties shall file and serve a Request to Produce, if any, by 4pm on 4 January 2022.
9. Objections to Requests to Produce, if any, shall be filed and served within 14 days thereafter and in any event by 4pm on 18 January 2022.
10. 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 10 days and in any event by 30 January 2022.
11. 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 4pm on 14 February 2022.
12. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 14 days from the date of the Request to Produce, and in any event by 4pm on 18 January 2022.
Witness Statements (RDC Part 29)
13. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged four weeks following the close of the disclosure stage, and in any event by 4pm on 15 February 2022.
14. Any witness statement evidence in reply shall be filed and served within three weeks thereafter and in any event by 4pm on 8 March 2022.
15. Unless otherwise ordered, witness statements shall stand as evidence in chief of the witness at trial.
Progress Monitoring Date (RDC Part 26)
16. The Progress Monitoring Date shall be listed to take place by conference on 17 March 2022.
17. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before the Progress Monitoring Date and in any event by 4pm on 15 March 2022.
Trial Bundles (RDC Part 35)
18. Agreed trial bundles shall be filed and served no later than 2 weeks before trial and in any event by 4pm on 21 April 2022.
Reading List and Trial Timetable (RDC Part 35)
19. 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 4pm on 12 May 2022.
Skeleton Argument and Chronology (RDC Part 35)
20. 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 4pm on 16 May 2022 and one clear day before the start of trial for the Defendant and in any event by 4pm on 17 May 2022.
21. 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 4pm on 16 May 2022. 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)
22. The trial of this matter shall be listed for a date between 25 May 2022 and 26 May 2022 with an estimated duration of two days, with half a day of judicial pre-reading. The parties shall correspond with the Court forthwith to provide their dates to avoid and fix the trial listing by reference to the Court’s availability.
Other Matters
23. Costs arising out of or in connection with this Order are costs in the case.
24. Liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of issue: 11 October 2021
At: 9am
