DIFC Courts

CFI 024/2010 - Case Management Order of Justice Sir David Steel

September 11, 2013 court of first instance - Orders,Orders

Claim No: CFI 024/2010

 

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

 

BETWEEN

CORINTH PIPEWORKS SAClaimant
andBARCLAYS BANK PLCDefendant
and(1) AFRAS LIMITED

(2) RADHAKRISHNAN NANDA KUMAR

Defendants to Part 21 Claim

CASE MANAGEMENT ORDER OF JUSTICE SIR DAVID STEEL

 

UPON reviewing the Court file

 

AND UPON reading the Case Management Bundle

 

AND UPON hearing counsel at the Case Management Conference held on 28 August 2013

 

AND UPON hearing the Part 21 Defendants' Application Notice CFI/008/2013/6 in relation to the filing of their Defence

 

AND UPON hearing the Defendant's Application Notice CFI/024/2010/6 in relation to the filing of its Reply to the Defendants' Defence

 

AND UPON hearing the Defendant's Application Notice CFI/024/2010/7 in relation to the time for compliance with the Disclosure Order

 

IT IS HEREBY ORDERED THAT:

 

Previous Orders

1. Paragraphs 12 and 14-29 of the CMC Order of Justice Sir David Steel dated 25 March 2013 are vacated.

 

2. Paragraphs 2 and 3 of the Amended Order of Deputy Chief Justice Sir John Chadwick dated 15 July 2013 are vacated.

 

Part 21 Defendants' Application Notice CFI/008/2013/6 and Defendant's Application Notice CFI/024/2010/6

3. The Part 21 Defendants are to file and serve their Defence by no later than 2pm on 20 August 2013.

 

4. The Defendant is to file and serve its Reply to the Part 21 Defendants' Defence by no later than 4pm on 10 September 2013.

 

Defendant's Application Notice CFI/024/2010/7

5. The Claimant and Defendant must comply with the Disclosure Order of H.E. Justice Omar Al Muhairi dated 16 July 2013 by 6pm on 27 August 2013, save that:
(a) the time for compliance by the Defendant in respect of Request 70 of the Claimant's Request to Produce (RTP) to be 2pm on 28 August 2013;

 

(b) the Defendant is to conduct further searches for and produce documents responsive to Request 66 of the Claimant's RTP by 17 September 2013;

 

(c) in respect of Request 48(a) of the Claimant's RTP, if in the course of the further searches carried out by the Defendant in respect of Request 66 the Defendant identifies further drafts of the First Facility Letter, then it will produce those drafts to the Claimant by 17 September 2013; and

 

(d) the Defendant is to carry out further searches for and produce any documents responsive to the category of documents referred to in the Confidential Schedule to this Order by 10 September 2013.

 

6. The Defendant is to serve a signed copy of its Document Production Statement by 4pm on 11 September 2013.

 

Defendant's Request (RTP) and Request for Further Information (RFI)

7. The Part 21 Defendants shall produce for inspection the documents requested in the Defendant's RTP by 4pm on 3 September 2013.

 

8. The Part 21 Defendants shall file and serve their response to each of the Requests in the Defendant's RFI dated 27 August 2013 by 4pm on 3 September 2013.

 

Document production in the Part 21 Claim

9. Standard production of documents to be made by the Defendant and Part 21 Defendants by 4pm on 8 October 2013 (with copies to the Claimant). [RDC 2011 Rule 28.6] The Claimant shall produce all documents provided to the Defendant to the Part 21 Defendants at the time of standard production of documents in the Part 21 Claim.

 

10. The Defendant and Part 21 Defendants to file and serve any RTP by 4pm on 27 October 2013. [RDC 28.13]

 

11. Objections to RTP1 (if any) shall be filed and served by the Defendant and Part 21 Defendants by 4pm on 10 November 2013. [RDC 28. 16].

 

12. Where there are no objections to a particular Request contained in a RTP, the Defendant and Part 21 Defendants are to produce documents responsive to that request by 4pm on 10 November 2013 (with copies to the Claimant). [RDC 28.15].

 

13. Where objections to any RTPs2 have been made, the Court will determine those objections and will make any disclosure order by 4pm on 24 November 2013. [RDC 28.20].

 

14. The parties shall comply with the terms of any disclosure order by 4pm on 8 December 2013 (with copies to the Claimant). [RDC 28.22].

 

Witness Statements

15. Signed statements of Witnesses of Fact, and hearsay notices where required by [RDC 29.2 and 29.103 to 29.105 inclusive] to be filed and served by the parties by 4pm on 9 January 2014.

 

16. Any Witness Statement evidence in reply to be filed and served by 4pm on 23 January 2014.

 

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

 

Expert Reports

18. The parties shall each have permission to call an expert in each of the following fields:
(a) forensic IT analysis; and

 

(b) trade finance and international banking practice.

 

19. The Defendant shall file and serve its expert report on 18(a) and the Claimant shall file and serve its expert report on 18(b) by 4pm on 6 February 2014.

 

20. The Claimant and Part 21 Defendants shall file and serve their expert reports on 18(a) and the Defendant and Part 21 Defendants shall file and serve their expert reports on 18(b) by 4pm on 6 March 2014.

 

21. The experts in each field shall meet and produce a joint report setting out the areas of agreement and disagreement between them to be filed and served by 4pm on 20 March 2014.

 

22. Each expert may produce a supplemental report elaborating on the issues still the subject of disagreement to be filed and served by 4pm on 25 March 2014.

 

Pre-Trial Review

23. A pre-trial review is to be listed not before week commencing 30 March 2014 [RDC 26.76 and 26.77].

 

Trial Bundles

24. Agreed Trial Bundles to be completed in accordance with Part 35 of the RDC and lodged by not later than 14 days before trial [RDC 35.33].

 

Reading List

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

 

Skeleton Argument, Opening Statements and Chronology

26. 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 and Part 21 Defendants. [RDC 35.61].

 

27. The 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 seven days before trial. [RDC 35.63].

 

Trial

28. The trial of this matter is to take place on 13 April 2014 with an estimated duration of 10 - 15 days.

 

29. A two day hearing for oral closing submissions is to take place on dates to be fixed after 18 May 2014 [RDC 35.72].

 

30. Costs of the CMC and Applications in the case.

 

31. Liberty to apply.

 

Issued by:

Maha AlMehairi

Judicial Officer

Date of Issue: 11 September 2013

At: 3pm

1The use of Redfern schedules is encouraged

 

2The Court may decide that a hearing is/is not necessary in the circumstances