September 11, 2018 court of first instance - Orders
Claim No. CFI 015-2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
DIVERSIFIED ACL GROUP
and
DIVERSIFIED DRILLING HOLDINGS LIMITED
CONSENT ORDER
UPON reviewing the Claimant’s Application dated 26 July 2018 seeking to (i) lift the stay imposed on these proceedings pursuant to DIFC Courts Order dated 18 October 2017 and (ii) seeking permission for the Claimant to amend the Claim Form and Particulars of Claim in these proceedings (“the Application”);
UPON the related employment claim in the Ras Al Khaimah Labour Court (reference 28/2071 Arthur Martin Handsel v DDIE) having now concluded;
UPON the parties’ joint request for the Court deal with the Application on paper;
AND UPON reviewing the parties’ draft consent order;
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The stay issued pursuant to the DIFC Courts Order dated 18 October 2017 be lifted with immediate effect.
2. Subject to paragraph 7 below, the costs arising out of and connected with the Application be costs in the case.
3. The Claimant be permitted to amend its Claim Form and Particulars of Claim in the form attached to the Application.
4. Service of the amended Claim Form and Particulars of Claim be dispensed with, service being deemed to have taken place on the date of this Order.
5. The Defendant shall have permission to amend its Defence pursuant to the amended Claim Form and Particulars of Claim within 28 days of this order.
6. The Claimant shall have permission to amend its Reply to be filed and served within 21 days of the date on which the amended Defence is served. Service of the amended Reply be effected on the Defendant’s solicitors, Covington & Burling LLP.
7. The Claimant shall pay the Defendant’s reasonable costs of and occasioned by the amendments to the Claim Form and Particulars of Claim.
Issued by:
Nassir Al Nasser
Judicial Officer
Date of Issue: 11 September 2018
At: 3pm
