August 20, 2020 Court of First Instance -Orders
Claim No. CFI 021/2020
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) TP ICAP GROUP SERVICES LIMITED
(2) TULLETT PREBON (EUROPE) LIMITED
Claimants/Applicants
and
(1) GMG (DUBAI) LIMITED
(2) MR OPEYEMI OLAYANJU
Defendants/Respondents
ORDER OF JUSTICE WAYNE MARTIN
UPON the Case Management Order of the Deputy Registrar Nour Hineidi dated 9 June 2020
AND UPON the Claimants’ application for specific disclosure dated 23 July 2020 (the “Disclosure Application”)
AND UPON the Defendants’ ex parte application for permission to serve witness summaries dated 26 July 2020
AND UPON the Order of the Court dated 30 July 2020 granting permission to the Defendants to serve witness summaries in respect of seven named witnesses (the “Ex Parte Order”)
AND UPON the Claimants’ application dated 31 July 2020 to set aside the Ex Parte Order (the “Witness Summaries Application”)
AND UPON hearing Counsel for the Claimants and the Defendants at the hearing on 9 August 2020
AND UPON the Parties having agreed the terms of paragraphs 1 to 6 of this Order
AND UPON the Parties seeking their costs of and associated with the Disclosure Application and the Witness Summaries Application
AND UPON the Defendants stating that they agree to the terms of the Order set out below strictly without prejudice to their arguments that they have not breached the terms of the disclosure Order made by Deputy Registrar Nour Hineidi and/or that the documents sought are irrelevant to the pleaded issues on liability, and/or that any further searches are disproportionate and stating that their agreement to this Order is not to be construed as an admission by the Defendants that their previous disclosure statements were defective in any sense
IT IS HEREBY ORDERED THAT:
Witness Summaries
1. The Ex Parte Order be set aside.
Supplemental Disclosure
2. The Defendants will search relevant mobile telephones and SIM cards as follows:
(a) Marco Saviozzi and Opeyemi Olayanju will provide the mobile telephones and SIM cards which they have used at all material times since 1 November 2019 to KBH Kaanuun (insofar as those mobile telephones and SIM cards remain in their possession and control) and will make available to KBH Kaanuun all relevant passwords to access those mobile telephones and SIM cards and any messaging applications thereon; and
(b) by 4pm on 23 August 2020, the Defendants must:
(i) (through their legal representatives) conduct a further search of those telephones and SIM cards for documents which adversely affect their own case or that of another party and/or support another party’s case, including documents in any messaging applications on those telephones/SIM cards;
(ii) provide a list of all documents identified in accordance with that search which adversely affect their own case or that of another party and/or support another party’s case, insofar as not previously disclosed; and
(iii) provide a copy of all documents so listed or (in the event that a party seeks to exclude any document from production) state any claim to any right or duty to withhold production in accordance with RDC 28.29.
3. The Defendants will (through their legal representatives) conduct electronic searches as follows:
(a) Custodians: Marco Saviozzi, Chanthima De Silva, Opeyemi Olayanju.
(b) Date range: 1 November 2019 [to date / 10 March 2020].
(c) Key words:
(i) as to Mr Saviozzi and Ms De Silva:
“Africa project”
Africa
GMGAfrica“GMG Africa”
Anton*
Berry*
Breteau*
ICAP*
Morozov*
Olayanju*
Ope*
Opoku*
OO*
Potter*
TP*
TPI*
Yoni
Yvgeni
Rudman
Tullett
(ii) as to Mr Olayanju:
“Africa project”
Africa
GMGAfrica“GMG Africa”
Anton
DIFC
Dubai
GMG
Marco
Morozov
Rudman
Saviozzi
TP
TPI
UAE
Yoni
ICAP
Tullett
Yvgeni
(d) By 4pm on 23 August 2020, the Defendants will:
(i) provide a list of all documents identified in accordance with these searches which adversely affect their own case or that of another party and/or support another party’s case, insofar as not previously disclosed; and
(ii) provide a copy of all documents so listed or (in the event that a party seeks to exclude any document from production) state any claim to any right or duty to withhold production in accordance with RDC 28.29.
4. The Defendants will (through their legal representatives), by 4pm on 23 August 2020:
(a) make a reasonable search for the following documents from 1 November 2019 [to date / 10 March 2020]:
(i) communications between Mr Olayanju or GMG and any third parties addressing or evidencing the possibility of Mr Olayanju’s recruitment;
(ii) communications with clients or prospective clients in relation to Mr Olayanju;
(iii) documents evidencing the work done and/or proposed to be done by Mr Olayanju on GMG’s behalf, including his communications with clients, trading records, Bloomberg instant messages and similar;
(iv) documents evidencing which broker(s) use the ‘GMGAfrica’ Bloomberg handle; and
(v) any business plan or financial projections in respect of Mr Olayanju’s work for GMG;
(b) provide a list of all documents identified in accordance with that search which adversely affect their own case or that of another party and/or support another party’s case, insofar as not previously disclosed; and
(c) provide a copy of all documents so listed or (in the event that a party seeks to exclude any document from production) state any claim to any right or duty to withhold production in accordance with RDC 28.29.
5. The Defendants will, by 4pm on 23 August 2020, serve further disclosure statements and/or (at their election) witness statements supported by a statement of truth explaining which relevant documents have been destroyed or lost prior to the date of such statements, when and how, and the gist of the missing documents. For the avoidance of doubt:
(a) where an explanation has already been given by Mr Saviozzi or Mr Olayanju in signed witness statements, the further disclosure statements and/or witness statements may cross-refer to that explanation; and
(b) if the Defendants’ position is that no other relevant documents have been destroyed or lost to date, the further disclosure statements and/or witness statements should confirm that fact.
AND IT IS ORDERED AND DIRECTED THAT:
Costs
6. No order as to costs.
Issued by:
Nour Hineidi
Deputy Registrar
Date of issue: 20 August 2020
Time: 12pm
