September 19, 2018 court of first instance - Orders
Claim No. CFI-016-2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MASHREQ AL ISLAMI FINANCE COMPANY PJSC
(formerly AL BADR ISLAMIC FINANCE COMPANY PJSC)
and
BABAR REHMAN
CASE MANAGEMENT ORDER OF JUDICIAL OFFICER MAHA AL MEHAIRI
UPON reviewing the Court file
UPON reading the Case Management Bundle
UPON reviewing the Rules of the DIFC Courts (“RDC”)
AND UPON hearing Counsel for the Claimant(s) and Counsel for the Defendant(s) at the Case Management Conference held before Judicial Officer Maha Al Mehairi on 30 July 2018
IT IS HEREBY ORDERED 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.
Production of Documents (RDC Part 28)
2. Standard production of documents shall be made by each party by no later than 4pm on 24 September 2018.
3. The parties shall file and serve a Request to Produce in the form of a Redfern schedule, if any, by no later than 4pm on 8 October 2018.
4. Objections to Requests to Produce, if any, shall be filed and served no later than 4pm on 22 October 2018.
5. Where objections to any Requests to Produce have been made, the Court shall determine those objections and shall make any disclosure order no later than 5 November 2018.
6. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement no later than 4pm on 26 November 2018.
7. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced no later than 4pm on 12 November 2018.
Witness Statements (RDC Part 29)
8. Witness Statements in support of the Claimant’s case shall be submitted by no later than 4pm on 24 December 2018 and Witness Statements in support of the Defendant’s case shall be submitted by no later than 4pm on 21 January 2019.
9. Any Witness Statement evidence in reply shall be filed and served within 4 weeks thereafter and in any event by no later than 4pm on 18 February 2019.
10. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
11. There is no need for expert evidence in this proceeding.
Pre-Trial Review (RDC Part 26)
12. A pre-trial review shall be listed at 10 am on 10 February 2019, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
13. 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 24 February 2019.
Reading List and Trial Timetable (RDC Part 35)
14. 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 four clear days before trial and in any event by no later than 4pm on 3 March 2019.
Skeleton Argument and Chronology (RDC Part 35)
15. Skeleton Arguments and Written Opening Statements shall be filed and served four clear days before the start of trial for the Claimant and in any event by no later than 4pm on 3 March 2019 and two clear days before the start of trial for the Defendant and in any event by no later than 4pm on 5 March 2019.
16. 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 5 March 2019, being two clear days before the start of the 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)
17. The trial of this matter shall be listed at 10 am on 10 March 2019 with an estimated duration of 1 day.
18. Costs of the Case Management Conference shall be costs in the case.
19. The parties shall have liberty to apply.
Issued by:
Maha Al Mehairi
Judicial Officer
Date of issue: 19 September 2018
At: 9 am
