October 04, 2021 court of first instance - Orders
Claim No: CFI 020/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
STORMHARBOUR SECURITIES LP
Claimant
and
NOOR BANK PJSC
Defendant
CASE MANAGEMENT ORDER OF H.E JUSTICE MAHA AL MHEIRI
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 held before H.E Maha Al Mehairi on 27 September 2021
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 List of Issues, in order for the Court to understand to which of the issues that paragraph relates.
Production of Documents (RDC Part 28)
2. Standard production of documents shall be made by each party by 4pm on 25 October 2021.
3. The parties shall file and serve a Request to Produce in Redfern Schedule format, if any, by 4pm on 15 November 2021.
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 14 days from the date of the Request to Produce, and in any event by 4pm on 29 November 2021.
5. Objections to Requests to Produce, if any, shall be filed and served within 21 days thereafter and in any event by 4pm on 20 December 2021.
6. 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 21 days and in any event by 10 January 2022.
7. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 28 days thereafter and in any event by 4pm on 7 February 2022.
Witness Statements (RDC Part 29)
8. 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 4pm on 7 March 2022.
9. Any Witness Statement evidence in reply shall be filed and served within 3 weeks thereafter and in any event by 4pm on 28 March 2022.
10. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Progress Monitoring Date (RDC Part 26)
11. The Progress Monitoring Date shall be 19 April 2022.
12. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before the progress monitoring date and in any event by 4pm on 12 April 2022.
Pre-Trial Review (RDC Part 26)
13. A pre-trial review shall be listed within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
14. Agreed trial bundles shall be filed and served no later than 3 weeks before trial.
Reading List and Trial Timetable (RDC Part 35)
15. 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.
Skeleton Argument and Chronology (RDC Part 35)
16. Skeleton Arguments shall be filed and served no later than 1pm, four clear days before the start of trial for the Claimant and no later than 1pm, three clear days before the start of trial for the Defendant.
17. The parties shall prepare an agreed Chronology of significant events cross-referencing significant documents, pleadings and witness statements which shall be filed with the Court by the Claimant no later than four clear days before the start of trial. In the event 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)
18. By 4pm on 11 October 2021, the parties must agree with the Registrar a fixed date for trial in May and June 2022, with an estimated duration of 6 days, plus 1.5 days of judicial pre-reading.
19. Costs of the Case Management Conference are costs in the case.
20. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of issue: 4 October 2021
At: 3.15pm
