November 25, 2017 court of first instance - Orders
Claim No: CFI-020-2014
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
GFH CAPITAL LIMITED
and
DAVID LAWRENCE HAIGH
ORDER OF JUSTICE SIR JEREMY COOKE
UPON hearing Counsel for the Claimant at a Case Management Conference on 20 November 2017 with the Defendant neither attending nor being represented although informed of the hearing date
AND UPON the submission to the Court by the Defendant of a document headed “Amended Defence and Counterclaim”, pursuant to an Order of the Court of Appeal dated 24 September 2017
AND UPON the submission to the Court by the Defendant of a witness statement dated 26 September 2017 made to support an application to add parties to the litigation
AND UPON the Defendant not having served either document on the Claimant in accordance with the Rules of the DIFC Courts
AND UPON reading the documents recorded on the Court file
IT IS HEREBY ORDERED THAT:
1. The submission of the document headed “Amended Defence and Counterclaim” be treated as an application by the Defendant for permission to amend his Defence dated 22 December 2014 pursuant to RDIFC Rule 18.3 (the “Amendment Application”).
2. The submission of the witness statement dated 26 September 2017 by the Defendant be treated as an application for permission to add parties for the purposes of a counterclaim pursuant to RDIFC Rule 21.11 (the “Joinder Application”).
3. The fees for the filing of the applications described in paragraphs 1 and 2 above be postponed. For the avoidance of doubt, nothing in this paragraph constitutes any precedent as to the postponement of any other fees payable by the Defendant, either in connection with such amendments to his Statement of Case as may be allowed or otherwise.
4. Both the Amendment Application and the Joinder Application be deemed served on the Claimant on 20 November 2017.
5. The Joinder Application be deemed served on Jinesh Patel and Hisham Al Rayes (the “Proposed Third Parties”) on 20 November 2017.
6. The question of service of the Joinder Application on the Federal Government of the United Arab Emirates and/or the Dubai International Financial Centre Authority be reserved to the hearing on 13 and 14 December 2017 provided for herein.
7. The Claimant and the Proposed Third Parties shall file and serve any evidence on which they propose to rely in answer to the Amendment Application and/or the Joinder Application by no later than 4pm on Monday 27 November 2017.
8. The Defendant shall file and serve any evidence in reply on the Amendment Application and/or the Joinder Application by no later than 4pm on Monday 4 December 2017.
9. The Claimant shall file and serve a skeleton argument for the Amendment Application and the Joinder Application by no later than 4pm on Thursday 7 December 2017.
10. The Defendant shall file and serve any skeleton argument for the Amendment Application and the Joinder Application by no later than 4pm on Monday 11 December 2017.
11. The Amendment Application and the Joinder Application shall be listed for hearing for two days on 13 and 14 December 2017. So far as the Defendant’s application to join the Federal Government of the United Arab Emirates and/or the Dubai International Financial Centre Authority are concerned, the Court shall consider only the question of jurisdiction to hear such counterclaim as the Defendant applies to bring.
12. The Defendant may attend the hearing provided for in paragraph 11 above in person, by video link or by telephone.
13. Any required Amended Reply and Defence to Counterclaim shall be filed and served by the Claimant and such of the Proposed Third Parties as are joined by no later than 4pm on Thursday 11 January 2018.
14. Any Reply to Defence to Counterclaim shall be filed and served by the Defendant by 4pm on Thursday 25 January 2018.
15. Standard production of documents shall be made by each party on or before Thursday 15 February 2018.
16. The parties shall file and serve any Request to Produce by no later than 4pm on Thursday 22 February 2018.
17. Any objections to Requests to Produce shall be filed and served by no later than 4pm on Thursday 1 March 2018.
18. The Court shall determine any objections to Requests to Produce without a hearing and make any disclosure order required by 8 March 2018 or so soon thereafter as reasonably practicable.
19. The parties shall comply with any disclosure order made pursuant to paragraph 18 above within 7 days thereafter.
20. Where there are no objections to a particular request in a Request to Produce, documents responsive to that request shall be produced by no later than 4pm on Wednesday 28 March 2018.
21. Signed statements of witnesses of fact, and hearsay notices (where required) are to be exchanged by no later than 4pm on Wednesday 18 April 2018, such witness statements to stand as evidence in chief.
22. Unless otherwise ordered, no expert evidence is to be served and any application for expert evidence is to be made at the hearing on 13/14 December 2017.
23. A pre-trial review shall take place on a date convenient to the Court and the parties not less than 28 days before the date fixed for trial.
24. Agreed trial bundles compliant with the requirements of RDC Part 35 shall be filed by no later than 4pm on Sunday 10 June 2018.
25. The Claimant shall file and serve a combined reading list, chronology, skeleton argument and written opening statement by no later than 4pm on Sunday 17 June 2018.
26. The Defendant shall file and serve any amendments to the reading list and/or chronology, and a skeleton argument and opening statement, by 4pm on Sunday 24 June 2018.
27. The trial of this matter shall take place on 1 July 2018 with a time estimate five days. There shall be three days’ judicial reading time set aside in advance of that date.
28. Any application by the Defendant to vary the scheduling of any part of this Order on medical grounds shall be supported by a report, including a statement of truth signed by a medical practitioner registered in the United Kingdom.
29. The Claimant shall, within 14 days of this Order, file and serve a bundle of documents containing copies of all the medical reports and evidence served on it and/or the Court by the Defendant.
30. Any application by the Defendant to vary the Worldwide Freezing Order made by this Court on 17 June 2014 shall be heard independently of, and have no effect upon, the timetable provided for herein and shall be made and determined in writing, unless the Court otherwise decides.
31. No application by the Defendant for permission to appeal any part of this Case Management Order or any other Case Management orders made in this action shall act in any way as a stay on the timetable provided for herein.
32. Costs reserved.
33. Liberty to apply within 7 days.
Issued by:
Lema Hatim
Assistant Registrar
Date of Issue: 25 November 2017
At: 3pm
