Claim No. CFI 024/2010
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
| CORINTH PIPEWORKS SA | Claimant |
and BARCLAYS BANK PLC | Defendant |
and (1) AFRAS LIMITED (2) RADHAKRISHNAN NANDA KUMAR | Defendants to Part 21 Claim |
DISCLOSURE ORDER OF JUSTICE SIR DAVID STEEL
UPON reviewing the Claimant's Request to Produce for Part 21 Defendants dated 29 October 2013, the Part 21 Defendants Objections on 24 November 2013, the Claimant's Response on 2 December 2013 and the Part 21 Defendants reply on 4 December 2013
AND UPON reviewing the Defendant's Request to Produce for Part 21 Defendants dated 29 October, the Part 21 Defendants Objections on 24 November 2013, the Defendant's Response on 28 November 2013 and the Part 21 Defendants Reply on 4 December 2013
IT IS HEREBY ORDERED THAT:
Objections to the Defendant's Requests
1. In relation to Requests Nos 1, 2 and 8, the Part 21 Defendants shall serve a witness statement specifying the steps taken to effect disclosure and in particular identifying the electronic storage systems searched, the nature of the search and the steps taken to identify the existence of a remote or back-up server.
2. In relation to Requests Nos 3 to 5, the Requests are granted on the basis that they are proper and proportionate, and the Defendants are entitled to challenge the set off of any commissions on the grounds pleaded.
3. In relation to Request No 6, the Request is granted on the same basis as paragraph 3 above, save that disclosure need only be given of the documents expressly referred to in sub-paragraphs (i) to (xvi).
4. In relation to Request No 7, the Request is refused on the basis that it is not regard to a material issue and, in any event, it is not proportionate.
Objections to the Claimant's Requests
5. In relation to Requests Nos 1 to 18, the Part 21 Defendants shall serve a witness statement specifying the steps taken to search for the documents.
6. In relation to Request No 19, the Request is granted without prejudice to any issue estoppel.
7. In relation to Request No 20, the Request is granted on the basis that it is proper and proportionate, save that it should be restricted to outward transfers.
8. Costs in the case.
9. Liberty to apply.
Issued by:
Maha AlMehairi
Judicial Officer
Date of Issue: 16 December 2013
At: 1pm
