July 14, 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 JUSTICE LORD ANGUS GLENNIE
UPON reviewing the Claimants’ Application No. CFI-005-2021/8 dated 21 June 2022 (the “Application”) seeking permission to cross-examine Mr Ahmed Adel Badreldin (“Mr Badreldin”) on the contents of his first witness statement dated 7 June 2022 ("AAB1")
AND UPON reviewing the Defendant’s response to the Application dated 5 July 2022
AND UPON reviewing the Claimants’ Reply to the Defendant’s Response dated 12 July 2022
AND UPON reading the relevant material in the case file
AND UPON RDC 29.107
AND UPON the Court’s general case management powers set out in the Rules of the DIFC Courts
IT IS HEREBY ORDERED THAT:
1. The Claimants’ Application is granted.
2. Costs in relation to this Application shall be costs in the case.
3. The parties shall have liberty to apply.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of Issue: 14 July 2022
Time: 1pm
SCHEDULE OF REASONS
1. I propose to grant the Order sought by the Claimants.
2. I am persuaded that the evidence in Mr Badreldin's Statement identified by the Claimants is sufficiently important to justify the Claimants’ insistence on cross-examining him on that evidence.
3. The Order sought by the Claimants is proportionate.
4. Although it is said that Mr Badreldin is unavailable to give evidence at the trial, no specification is given of why this is so, particularly since evidence will almost certainly be given remotely rather than in person.
5. This should enable Mr Badreldin to interrupt whatever else he might be doing and appear via his laptop or some other computer from wherever he happens to be.
6. No doubt arrangements for the taking of his evidence, if it is sought still to be adduced, can be discussed in the Pre-Trial Review in this case on 29 July 2022.
