May 10, 2024 court of first instance - Orders
Claim No: CFI 020/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MUZOON HOLDING LLC
Claimant
and
ELINX INFOTECH LLC
Defendant
CASE MANAGEMENT ORDER OF H.E. JUSTICE 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 the Defendant’s representative at the Case Management Conference held before H.E. Justice Nassir Al Nasser on 21 March 2024
AND UPON the Claimant and the Defendant having agreed to the terms of this Order
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 agreed issues that paragraph relates.
Witness Statements (RDC Part 29)
2. Signed witness statements shall be exchanged by no later than 4pm on 7 June 2024.
3. Any Witness Statement evidence in reply shall be filed and served within [3] weeks thereafter and in any event by no later than 4pm on 28 June 2024.
4. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
5. Expert Reports shall be filed and served by no later than 4pm on 28 June 2024.
6. Supplemental Expert Reports shall be filed and served by no later than 4pm on 12 July 2024.
7. 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)
8. A pre-trial review shall be listed at 10:30am (GST) on 9 September 2024, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
9. 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 30 September 2024.
Reading List and Trial Timetable (RDC Part 35)
10. 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 9 October 2024.
Skeleton Argument and Chronology (RDC Part 35)
11. 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 9 October 2024 and one clear day before the start of trial for the Defendant and in any event by no later than 4pm on 10 October 2024.
12. 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 7 October 2024. 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)
13. The trial of this matter shall be listed at 12pm (GST) on 14 October 2024 with an estimated duration of [2] days.
14. Costs of the Case Management Conference shall be costs in the case.
15. The parties shall have liberty to apply.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 10 May 2024
At: 3pm
