July 27, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 010/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) LAURENT BERNARD NORDIN
(2) PATRICK CLAUDE GEORGES THIRIET
(3) NASR-EDDINE BENAISSA
(4) DEEP BLUE ADVISORS LIMITED
Claimants
and
DARAYUS HAPPY MINWALLA
Defendant
AGREED CASE MANAGEMENT ORDER
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (“RDC”)
IT IS HEREBY ORDERED BY CONSENT 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.
P rod u ction of D o c um e nts (RD C P a rt 2 8 )
2. Standard production of documents shall be made by each party by no later than 4pm on 16 September 2022.
3. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 23 September 2022.
4. 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 30 September 2022.
5. Objections to Requests to Produce, if any, may be filed and served by 4pm on 30 September 2022.
6. If a party is not satisfied with the objections to any Requests to Produce. It may apply to the Court for a Document Production Order immediately using the Part 23 Form (the “Document Production Application”). The usual timelines under RDC 23, for progression of such an application, will apply
7. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.
8. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 15 days from the date of the Order.
Witness Statements (RDC Part 29)
9. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 5 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 4 November 2022.
10. 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 18 November 2022.
11. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
12. Expert Reports may be filed and served by the Parties no later than 4pm on 2 December 2022.
13. Supplemental Expert Reports may be filed and served by the Parties no later than 4pm on 12 December 2022.
14. 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)
15. The Progress Monitoring Date shall be listed at 10am on 15 December 2022.
16. 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 7 December 2022.
Pre-Trial Review (RDC Part 26)
17. A pre-trial review shall be listed at 10am on 23 January 2023, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
18. 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 10 February 2023.
Reading List and Trial Timetable (RDC Part 35)
19. 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 6 March 2023
Skeleton Argument and Chronology (RDC Part 35)
20. Skeleton Arguments and Written Opening Statements shall be filed and exchanged simultaneously by 4pm on 6 March 2023.
21. The parties shall prepare an agreed Chronology of significant events crossreferenced to significant documents, pleadings and witness statements which shall be filed with the Court by the Claimant by no later than 4pm on 6 March 2023. 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)
22. The trial of this matter shall be listed at 10am on 13 March 2023 with an estimated duration of 4 days.
23. Costs of the Case Management Conference shall be costs in the case.
24. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of issue: 27 July 2022
At:10am
