May 27, 2022 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
ORDER OF THE REGISTRAR NOUR HINEIDI
UPON the Case Management Order of H.E. Justice Nasser Al Nassir dated 14 July 2021 (the “Original Case Management Order”)
AND UPON the original Case Management Order being amended by agreement between the parties and re-issued on 9 March 2022 (the “Revised Case Management Order”)
AND UPON the Claimants’ Request for Further Information from the Defendant pursuant to Part 19 of the DIFC Court Rules (“RDC”) dated 22 March 2022 (the “Requests”)
AND UPON the Claimant having already obtained from a third party the information requested at paragraph 24 of the Requests
AND UPON the Claimants’ application by notice issued on 5 April 2022 pursuant to Part 19 of the Rules of the Dubai International Financial Centre Courts (the “Application”)
AND UPON hearing Counsel for the Claimants and Counsel for the Defendant
IT IS HEREBY ORDERED THAT:
Witness Statements and Response to the Requests
1. Parties shall file and exchanged signed statements of witnesses of fact, and hearsay notices where required, by the RDC, by 4pm on 7 June 2022 (the “Trial Witness Statements”).
2. The Defendant shall by 4pm on 7 June 2022 file and serve a table setting out where Requests 3, 4, 11, 12, 13, 14, 17, 21, 22 and 23 are responded to in her Trial Witness Statement and/or accompanying exhibit, and/or any separate witness statement prepared to respond to the aforementioned Requests.
3. Requests 16, 18 and 19 shall be deemed to have been made under RDC 28.16 as Requests to Produce (the “Requests to Produce”) and retrospective permission is granted to the Claimants to extend the deadline at paragraph 2 of the Original Case Management Order.
4. The Defendant shall respond to the Requests to Produce in accordance with RDC 28.20, 28.26 and 28.28 as applicable, by 4pm on 7 June 2022.
5. Save as provided in paragraphs 2 to 4 of this Order, no further directions are now given in relation to the Requests.
6. Parties shall file and serve witness statement evidence in reply by 4pm on 24 June 2022.
7. Unless otherwise ordered, witness statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
8. Expert Reports shall be filed and served by 4pm on 8 July 2022.
9. Supplemental Expert Reports shall be filed and served by 4pm on 26 July 2022.
10. The DIFC Courts shall, at the Pre-Trial Review, consider what directions to give concerning a meeting and discussion between experts.
Progress Monitoring Date (RDC Part 26)
11. The Progress Monitoring Date on 22 July 2022 is vacated.
Pre-Trial Review (RDC Part 26)
12. A pre-trial review shall be listed on 29 July 2022 before Justice Lord Angus Glennie (the “Trial Judge”).
Trial Bundles (RDC Part 35)
13. Agreed trial bundles shall be filed and served no later than 1 week before trial and in any event by 4pm on 14 September 2022.
Reading List and Trial Timetable (RDC Part 35)
14. 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 seven clear days before trial and in any event by 4pm on 14 September 2022 .
Skeleton Argument and Chronology (RDC Part 35)
15. Skeleton Arguments shall be simultaneously filed and served five clear days before the start of trial in any event by 4pm on 14 September 2022.
16. 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 Claimants by 4pm on 14 September 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)
17. The trial of this matter is listed on 22 September 2022 and 23 September 2022 before the Trial Judge.
18. An additional trial day on 21 September 2022 shall be reserved if the Trial Judge and the Court is available. Whether this additional date is required, and an appropriate trial timetable, shall be considered at the PTR.
Costs
19. Costs of the Application are costs in the case.
20. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date: 27 May 2022
At: 3.15pm