January 26, 2022 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
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”)
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:
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, a requesting party may apply to the Court for a Document Production Order, to be dealt with without a hearing, by 4pm on 31 January 2022.
7. Responses to any applications for Document Production Orders shall be filed and served by 4pm on 7 February 2022.
8. Replies to any responses to the applications for Document Production Orders shall be filed and served by 4pm on 14 February 2022.
9. The Court shall determine those objections and shall make any disclosure order within the following 14 days and in any event by 28 February 2022.
10. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days thereafter and in any event by 4pm on 14 March 2022.
Witness Statements (RDC Part 29)
11. 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 11 April 2022.
12. Any Witness Statement evidence in reply shall be filed and served within 3 weeks thereafter and in any event by 4pm on 29 April 2022.
13. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Progress Monitoring Date (RDC Part 26) and Pre-Trial Review (RDC Part 26)
14. The Progress Monitoring Date and the pre-trial review shall be 6 May 2022.
15. The parties shall file and serve a Progress Monitoring Information Sheet by 4pm on 3 May 2022.
Trial Bundles (RDC Part 35)
16. Agreed trial bundles shall be filed and served no later than 3 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 two clear days before trial.
Skeleton Argument and Chronology (RDC Part 35)
18. Skeleton Arguments shall be filed and served not later than 1pm, four clear days before the start of trial for the Claimant and not later than 1pm, three clear days before the start of the trial for the 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 four clear 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 is scheduled to start on 7 June 2022, with an estimated duration of 6 days, plus 1.5 days of judicial pre-reading.
21. Costs of the Case Management Conference are costs in the case.
22. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of issue: 26 January 2022
At: 4pm
