March 05, 2020 court of first instance - Orders
Claim No: CFI 020/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
TEMPO EVENTS MANAGEMENT
and
ENVIE EVENTS LLC - FZ
CASE MANAGEMENT ORDER OF JUDICIAL OFFICER 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 (CMC) held before Judicial Officer Nassir Al Nasser on 1 March 2020
IT IS HEREBY ORDERED THAT:
1. Pursuant to RDC 16.20, the Defendant has permission to file and serve a rejoinder to the Claimant’s Reply to the Defendant’s Defence dated 23 January 2020 by no later than 8 March 2020, but only in respect of new allegations and issues which were not pleaded in the Claimant’s Amended Particulars of Claim.
List of Issues
2. 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 Parties’ separate list of issues filed in preparation for the CMC, in order for the Court to understand to which of the issues that paragraph relates.
Production of Documents (RDC Part 28)
3. Standard production of documents shall be made by each party by no later than 4pm on 7 April 2020.
4. The parties shall file and serve a Request to Produce1, if any, by no later than 4pm on 21 April 2020.
5. 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 28 April 2020.
6. Where objections to any Requests to Produce2 have been made, the Court shall determine those objections and shall make any disclosure order within the following 7 days and in any event by no later than 5 May 2020.
7. 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 no later than 4pm on 19 May 2020.
8. 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 no later than 4pm on 5 May 2020.
Witness Statements (RDC Part 29)
9. Witness Statements in support of the Claimant’s case shall be submitted by no later than 4pm on 2 June 2020 and Witness Statements in support of the Defendant’s case shall be submitted by no later than 4pm on 16 June 2020.
1 The use of Redfern schedules is encouraged
2 The Court may decide that a hearing is/is not necessary in the circumstances
10. Any Witness Statement evidence in reply shall, if so advised, be filed and served within 2 weeks thereafter and in any event by no later than 4pm on 30 June 2020.
11. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
12. The Claimant shall file and serve any Expert Report(s) within 3 weeks of the close of witness evidence, and in any event by no later than 4pm on 21 July 2020 in respect of the following issues:
(a) damages; and
(b) financial loss.
13. The Defendant shall file and serve any Expert Report(s) in respect of those same issues within 3 weeks thereafter, and in any event by no later than 4pm on 11 August 2020.
14. Supplemental Expert Reports shall, if so advised, be filed and served by no later than 4pm on 25 August 2020.
15. The DIFC Courts shall, at the Pre-Trial Review, consider what directions to give concerning a meeting and discussion between experts.
Pre-Trial Review (RDC Part 26)
16. A pre-trial review shall be listed at 10 am on 13 September 2020, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
15. 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 27 September 2020.
Reading List and Trial Timetable (RDC Part 35)
16. 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 and in any event by no later than 4pm on 6 October 2020.
Skeleton Argument and Chronology (RDC Part 35)
17. Skeleton Arguments and Written Opening Statements shall be filed and served two clear days before the start of trial for the Claimant and in any event by no later than 4pm on 6 October 2020 and one clear day before the start of trial for the Defendant and in any event by no later than 4pm on 7 October 2020.
18. 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 6 October 2020. 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)
19. The trial of this matter shall commence at 11 am on 11 October 2020 with an estimated trial window of three (3) to five (5) days, to be fixed at the Pre-Trial Review.
20. Costs of the Case Management Conference shall be costs in the case.
21. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Date of issue: 2 March 2020
At: 3pm
