July 10, 2018 court of first instance - Orders
Claim No. CFI-005-2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE JUDICIAL OFFICER NASSIR AL NASSER
BETWEEN
DREES & SOMMER GULF FZ LLC
and
TOSCANA INVESTMENT & MANAGEMENT LLC
CASE MANAGEMENT ORDER OF JUDICIAL OFFICER NASSIR AL NASSER
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (the “RDC”)
AND UPON hearing Counsel for the Claimant at the Case Management Conference (the “CMC”)
AND UPON the Defendant’s Counsel failing to attend the CMC and failing to file a Part 23 Application of change of legal representative (RDC 37.11) after having been informed by the Registry of the DIFC Courts by way of emails dated 31 May 2018 and 13 June 2018
IT IS HEREBY ORDERED 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 1 August 2018.
3. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 15 August 2018.
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 22 August 2018.
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 29 August 2018.
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 12 September 2018.
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 14 days from the date of the Request to Produce, and in any event by no later than 4pm on 5 September 2018.
Witness Statements (RDC Part 29)
8. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 8 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 24 October 2018.
9. Any Witness Statement evidence in reply shall be filed and served within 2 weeks thereafter and in any event by no later than 4pm on 7 November 2018.
10. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Progress Monitoring Date (RDC Part 26)
11. The Progress Monitoring Date shall be listed on 28 November 2018.
12. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before progress monitoring date and in any event by no later than 4pm on 25 November 2018.
Pre-Trial Review (RDC Part 26)
13. A pre-trial review shall be listed at 10am on 10 February 2019, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
14. 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 20 February 2019.
Reading List and Trial Timetable (RDC Part 35)
15. 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 27 February 2019.
Skeleton Argument and Chronology (RDC Part 35)
16. Skeleton Arguments and Written Opening Statements shall be filed and served seven days before the start of trial for the Claimant and in any event by no later than 4pm on 27 February 2019 and four day before the start of trial for the Defendant and in any event by no later than 4pm on 02 March 2019.
17. 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 on 27 February 2019. 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)
18. The trial of this matter shall be listed on 10 March 2019 with an estimated duration of 1-2 days.
19. Costs of the Case Management Conference shall be costs in the case.
20. The parties shall have liberty to apply.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of Issue: 10 July 2018
At: 3pm
