October 21, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 015/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MUSAAB TAG ELSIR ABDELSALAM
Claimant
and
EXPRESSO TELECOM GROUP LTD
Defendant
CASE MANAGEMENT ORDER OF H.E. JUSTICE NASSIR AL NASSER
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 Claimant and Counsel for the Defendant at the Case Management Conference (the “CMC”) held before H.E. Justice Nassir Al Nasser on 19 October 2022.
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.
Case Note
2. The Claimant shall file and serve upon the Defendant a Case Note which will: (i) confirm which law the Claimant relies upon to bring its claim; and (ii) provide an update on the quantum of the claim and the relevant calculations, and; if relevant, (iii) any other information that will assist the case by no later than 4pm on Friday, 4 November 2022.
3. The Defendant shall file and serve its Reply, if any, to the Claimant’s Case Note by no later than 4pm on Friday, 18 November 2022.
Production of Documents (RDC Part 28)
4. Standard production of documents shall be made by each party by no later than 4pm on 30 November 2022.
5. The parties shall file and serve a Request to Produce1, if any, within 14 days and by no later than 4pm on 14 December 2022.
6. 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 21 December 2022.
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, any in any event by no later than 4pm on 28 December 2022.
8. Where objections to any Requests to Produce2 have been made, the Court shall determine those objections and shall make any disclosure order by no later than 4pm on 4 January 2023.
9. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days thereafter from the date of the Order.
Witness Statements (RDC Part 29)
10. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 4 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 1 February 2023.
11. 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 15 February 2023.
12. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Progress Monitoring Date (RDC Part 26)
13. The Progress Monitoring Date shall be listed within ten days of the close of witness evidence, during the week commencing 20 February 2023.
14. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before the Progress Monitoring Date.
Pre-Trial Review (RDC Part 26)
15. A pre-trial review shall be listed no earlier than the week commencing 20 March 2023, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
16. Agreed trial bundles shall be filed and served no later than 2 weeks before trial.
Reading List and Trial Timetable (RDC Part 35)
17. 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 7 days before trial.
Skeleton Argument and Chronology (RDC Part 35)
18. Skeleton Arguments and Written Opening Statements shall be filed and served by no later than 5 days before the start of trial for the Claimant and Defendant.
19. 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 10 days before the start of trial. 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)
20. The trial of this matter shall be listed in the week commencing 8 May 2023 with an estimated duration of 2 days.
21. Costs of the Case Management Conference shall be costs in the case.
Other Provisions
22. The parties shall have liberty to apply.
Issued by:
Acting Registrar
Ayesha Bin Kalban
Date of issue: 21 October 2022
At: 3pm