December 06, 2021 court of first instance - Orders
Claim No. CFI 005/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) ANOOP KUMAR LAL
(2) PAUL PATRICK HENNESSY
Claimants
and
DONNA BENTON
Defendant
DIRECTIONS ORDER OF THE REGISTRAR NOUR HINEIDI
UPON reviewing the Defendant’s Application No. CFI-033-2021/6 dated 9 November 2021 (the “Application”) for an Order compelling the Claimants to comply with the Document Production Order of Justice Roger Giles dated 31 August 2021 (the “Document Production Order”)
AND UPON the Claimants’ letter application to the Registrar dated 14 November 2021
AND UPON reviewing the skeleton arguments filed on behalf of the parties and all documents included in the bundle for the directions hearing on 30 November 2021 (“Directions Hearing”)
AND UPON hearing Counsel for the Claimants and Counsel for the Defendant at the Directions Hearing
AND UPON the Court’s general case management powers set out in the Rules of the DIFC Court
IT IS HEREBY ORDERED THAT:
1. Each of the Claimants is directed to file and serve affidavit evidence in response to the Application, including an explanation of the extent of each Claimant’s compliance (or otherwise) with the Document Production Order by 4pm on 14 December 2021.
2. The Defendant has until 4pm on 4 January 2022 to file and serve evidence in reply.
3. The Defendant has liberty to apply to amend the Application on or before 4pm on 4 January 2022.
4. The Application shall be listed for a hearing before Justice Roger Giles at 10.00am on Thursday, 13 January 2022 (“Hearing”) with a time estimate of 2 hours, with skeleton arguments and an agreed hearing bundle to be filed and served by 2pm on Monday, 10 January 2022.
5. The procedural timetable set out in paragraphs 7 to 20 of the Case Management Order of H.E Justice Nasser Al Nassir dated 14 July 2021 (the “CMC Order”) are amended as follows:
(a) the timelines set out at paragraphs 7 to 12 and 15 to 20 of the CMC Order are vacated;
(b) paragraphs 13 to 14 of the CMC Order (the Progress Monitoring Date) shall be stayed pending the outcome of the Application; and
(c) the parties shall lodge an agreed procedural timetable for the further conduct of proceedings along with the skeleton arguments and hearing bundle in advance of the Hearing.
6. The costs of the Directions Hearing are costs in the case.
Issued by:
Nour Hineidi
Registrar
Date of issue: 6 December 2021
At: 3.45pm