DIFC Courts

CFI 009/2017 Salam Advocates and Legal Consultants v Kele Contracting LLC

June 29, 2017 court of first instance - Orders,Orders

Claim No:  CFI 009/2017

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI

BETWEEN

SALAM ADVOCATES AND LEGAL CONSULTANTS

Claimant

and

KELE CONTRACTING L.L.C.

 

                                                                                                                                    Defendant

CASE MANAGEMENT ORDER OF H.E. JUSTICE SHAMLAN AL SAWALEHI

 

UPON reviewing the Court file

AND UPON reading the Case Management Bundle

AND UPON reviewing the Rules of the DIFC Courts (“RDC”)

AND UPON hearing Counsel for the Claimants and Counsel for the Defendants at the Case Management Conference held before H.E. Justice Shamlan Al Sawalehi on 13 June 2017

IT IS HEREBY ORDERED THAT:

Application to Amend Defence and Counterclaim (RDC Part 18)

  1. The Defendant shall file its application to amend the Defence and Counterclaim by no later than 4pm on 3 July 2017.

  2. The Claimant shall raise objections (if any) to the application to amend by no later than 4pm on 10 July 2017.

  3. The Court shall determine the application to amend and shall make any order within the following 7 days and in any event by no later than 17 July 2017.

  4. If the Claimant does not raise any objections to the application to amend, it shall file its amended Reply to Defence and Defence to Counterclaim by 24 July 2017; otherwise, the Claimant shall file and serve its amended Reply to Defence and Defence to Counterclaim by no later than 14 days from the date of the order referred to in paragraph 3 above.

Production of Documents (RDC Part 28)

  1. Standard production of documents shall be made by each party by no later than 4pm on 27 July 2017.

  2. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 10 August 2017.

  3. 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 17 August 2017.

  4. 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 24 August 2017.

  5. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 7 days thereafter and in any event by no later than 4pm on 31 August 2017.

  6. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 7 days from the date of the Request to Produce, and in any event by no later than 4pm on 24 August 2017.

Witness Statements (RDC Part 29)

  1. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 2 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 14 September 2017.

  2. Any Witness Statement evidence in reply shall be filed and served by no later than 4pm on 28

  3. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.

Expert Reports (RDC Part 31)

  1. The Defendant shall file and serve any Expert Reports on which it intends to rely by no later than 4pm on 15 October 2017.

  2. The Claimant shall file and serve any Expert Reports in response by no later than 4pm on 12 November 2017.

  3. A joint statement shall be filed by the experts within 2 weeks from the date of the Supplemental Expert Reports and in any event no later than 4pm on 26 November 2017.

Pre-Trial Review (RDC Part 26)

  1. A pre-trial review shall be listed at 10am on 19 November 2017 being within the normal range of 4 to 8 weeks before trial.

Trial Bundles (RDC Part 35)

  1. 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 31 December 2017.

Reading List and Trial Timetable (RDC Part 35)

  1. 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 10 January 2018.

Skeleton Argument and Chronology (RDC Part 35)

  1. 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 no later than 4pm on 10 January 2018 and one clear day before the start of trial for the Defendant and in any event by no later than 4pm on 11 January 2018.

  2. 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 10 January 2018 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)

  1. The trial of this matter shall be listed at 10am on 14 January 2018 with an estimated duration of 2 days.

  2. Costs of the Case Management Conference shall be costs in the case.

  3. The parties shall have liberty to apply.

 

 

 

 

 

Issued by:
Maha Almehairi
Judicial Officer
Date of issue: 28 June 2017
At: 12pm