DIFC Courts

CFI 022/2014 SAMER HENRY TADROSS v LEVANT INVESTMENT MANAGEMENT LIMITED (LEVANT CAPITAL LIMITED)

October 19, 2014 court of first instance - Orders,Orders

Claim No:  CFI 022/2014

                                          

          THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

 

BEFORE H.E. JUSTICE OMAR AL MUHAIRI

 

BETWEEN

 

SAMER HENRY TADROSS

Claimant

and

LEVANT INVESTMENT MANAGEMENT LIMITED

(LEVANT CAPITAL LIMITED)

   Defendant

 

 

 

 CASE MANAGEMENT ORDER OF H.E. JUSTICE OMAR AL MUHAIRI

 

 

UPON reviewing the Court file

 

AND UPON reading the Case Management Bundle

 

AND UPON hearing counsel at the Case Management Conference held on 15 October 2014.

 

IT IS HEREBY ORDERED BY CONSENT THAT:

 

  1. The Defendant shall be allowed to correct point 2 of its counterclaims in page 19 of its Defence and Counterclaim to read "paragraph 36" instead of "paragraph 67".

  2. The redacted versions of the Particulars of Claim, the Defence and Counterclaim and the Reply to the Defence and Counterclaim shall appear on the DIFC Courts’ Public Register whether that be on its website or otherwise.

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 agreed List of Issues.

  2. This is to enable the Courts to understand to which of the agreed issues that paragraph relates.

Production of Documents

5. Standard production of documents to be made by each party on or before 12 November 2014. [RDC 2011 Rule 28.6]

6. Parties to file and serve any Request to Produce[1] on or before 19 November 2014. [RDC 28.13]

7. Objections to Requests to Produce (if any) shall be filed and served within 7 days thereafter and in any event not later than 26

          November 2014. [RDC 28. 16]

 

8. Where objections to any Requests to Produce[2] have been made, the Court will determine those objections and will make any disclosure            order within the following 7 days and in any event not later than 4 December 2014. [RDC 28.20]

 

9. The parties shall comply with the terms of any disclosure order within 7 days thereafter and in any event not later than 7 January  

          2015. [RDC 28.22]

 

10. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be

produced within 7 days from the date of the Request to Produce, and in any event not later than 14 January 2015. [RDC 28.15]

 

Witness Statements

 

     11. Signed statements of witnesses of fact, and hearsay notices where required by [RDC 29.2 and 29.103 to 29.105 inclusive] to
           be exchanged 1 week following the close of the disclosure stage, and in any event not later than 21 January 2015.
 
    12. Any Witness Statement evidence in reply to be filed and served within 2 weeks thereafter and in any event not later

than 4 February 2015.

13. Unless otherwise ordered, Witness Statements are to stand as evidence in chief of the witness at trial.

   

Progress Monitoring Date

14. Fixed for 11 February 2015.

 

15. Parties to send the Registrar (with copy to all other parties) a Progress Monitoring Information Sheet (at least 3 clear days before

progress monitoring date). [RDC 26.60 and 26.61].

 

Pre-Trial Review

 

16. A pre-trial review is to be listed on 18 February 2015.

 

Trial Bundles

 

17. Agreed trial bundles to be completed in accordance with Part 35 of the RDC and lodged by not later than 2 weeks before trial [RDC 35.33].

 

Reading List

18.  A single reading list approved by all parties’ legal representatives for trial to be lodged with the Registry not later than 2 days before fixed           trial date, together with an estimate of time required for reading. [RDC 35.50].

 

Skeleton Argument, Opening Statements and Chronology

 

19. Skeleton Arguments and Written Opening Statements to be served on all other parties and lodged with the Court – two days before the

start of trial for the Claimant and one day before the start of trial for the Defendant. [RDC 35.61].

 

20. Parties to prepare a Chronology of significant events cross-referenced to significant documents, pleadings and witness statements to be

agreed, insofar as possible, and to be filed 1 week before trial. [RDC 35.63].

 

Trial

 

21.The trial of this matter is to take place on 10 March 2015 with an estimated duration of 3 days.

 

22. Costs in the Case.

 

23. Liberty to apply.

 

 

 

Issued by:

Maha AlMehairi

Judicial Officer

Date of issue: 19 October 2014

At: 2 pm