Claim No. CFI 026/2012
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE JUSTICE SIR ANTHONY COLMAN
BETWEEN
DUBAI AEROSPACE ENTERPRISE (DAE) LIMITEDDefendant
ORDER OF JUSTICE SIR ANTHONY COLMAN MADE ON 12 DECEMBER 2013
UPON reviewing the Claimant's Application Notice CFI 026-2012/09 dated 21 November 2013 (“the Application”)
AND UPON reading the material as filed including documents pertaining to the Pre-Trial Review
AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at the hearing by way of videoconference on Thursday 12 December 2013
IT IS HEREBY ORDERED THAT:
APPLICATION NOTICE CFI 026-2012/09
1. In relation to paragraphs 1 and 2 of Part A of the Application for an Order that the Defendant's additional documents identified in Schedule A to the Second Witness Statement of Luke Blane be struck out, alternatively, that the Claimant be given leave to file a supplementary Witness Statement limited to the issues arising out of the additional documents:
1.1 The Claimant's application to
strike out documents is refused.
1.2 The Claimant is permitted to file an amended Witness Statement or supplementary Witness Statement and to make further production of documents limited to any issues arising out of the additional documents first disclosed in the First Witness Statements of Nabil Ramadhan, Mohammed Shareef, Biju Mohan and George Mushahwar dated 31 October 2013, the Fourth Witness Statement of Lesley Jones dated 31 October 2013 and the First Witness Statements of Khalifa Al Daboos dated 11 November 2013 (“DAE's Additional Production”) by no later than 12 January 2014.
1.3 The Defendant/Counterclaimant has liberty to apply on short notice for permission to file supplemental Witness Statements limited to any issues arising out of the Claimant's amended and/or supplementary Witness Statement(s) referred to in paragraph 1.2 above.
1.4 Costs in relation to this part of the Application are costs in the case.
2.
In relation to paragraphs 3 and 4 of Part A of the Application for an Order that the First Witness Statement of Biju Mohan, or the parts thereof that the
Court deems to be admissible, be struck out, alternatively, that the Claimant be given leave to file an expert report in response to the First Witness Statement of Biju Mohan:
2.1 The Claimant's Application to strike out witness evidence is refused.
2.2 The Claimant is permitted to file and serve an expert report complying with the requirements in
RDC 31.50 limited to the issues arising out of the First Witness Statement of Biju Mohan dated 31 October 2013 (“IT expert report”), if so advised.
2.3 In the event the Claimant elects to appoint an expert, the Defendant is also permitted to file and serve an IT expert report limited to the issues arising out of the First Witness Statement of Biju Mohan dated 31 October 2013.
2.4 In the event that the Claimant elects to appoint an IT expert, the Parties are to confer and agree a protocol and procedures, by no later than 19 December 2013 whereby the Claimant's IT expert is permitted to inspect DAE's electronic systems, computer devices, networks, metadata and/or electronic files referred to in the Mohan Witness Statement, which are not subject to legal impediment and/or privilege and which the Claimant's IT expert reasonably requires for the purposes of preparing his IT expert report.
2.5 The Parties' IT expert reports, if any, are to be exchanged by no later than 3 January 2014.
2.6 The Parties' IT experts are to meet to discuss their reports by no later than
9 January 2014 and to file a joint memorandum prepared in accordance with
RDC 31.62 by no later than
13 January 2014.
2.7 The Claimant shall pay 25% (twenty five percent) of the Defendant's costs of and incidental to this part of the Application, to be assessed if not agreed.
3.
In relation to paragraphs 5 and 6 of Part A of the Application for Orders permitting the Claimant to amend his Particulars of Claim:
3.1 The Claimant has permission pursuant to
RDC 18.2(2) to amend his Particulars of Claim in the form attached hereto.
3.2 The Defendant shall file and serve any further Request for Further Information pursuant to the Claimant's Amended Particulars of Claim by no later than 19 December 2013.
3.3 The Claimant shall file and serve his Responses to the Defendant's Further Request for Further Information by no later than 26 December 2013.
3.4 The Defendant shall file and serve its Amended Defence by no later than 03 January 2014.
3.5 The Claimant shall pay the Defendant's costs of and caused by this part of the Application including costs of and arising from the amendments to his Claim, to be assessed if not agreed.
PRE-TRIAL REVIEW
Trial Bundles
4. Agreed trial bundles, together with a core bundle to be agreed by the Parties, shall be completed in accordance with
Part 35 of the RDC and lodged by
13 January 2013.
Skeleton Argument, Opening Statements and Chronology
5. Skeleton Arguments and Written Opening Statements shall be served on all other Parties and lodged with the Court by no later than 14 January 2014 for the Claimant and by no later than 15 January 2014 for the Defendant.
6. Parties shall prepare a Chronology of significant events cross-referenced to significant documents, pleadings and witness statements, to be agreed, insofar as possible, and shall be filed by no later than 14 January 2014 and to be updated throughout the progression of the Trial.
Trial
7. The trial of this action shall take place on 19 January 2014 with an estimated duration of 5 days.
Miscellaneous
8. Costs of the Pre-Trial Review are costs in the case.
9. Liberty to apply.
Issued by:
Natasha Bakirci
Assistant Registrar
Date of issue: 19 December 2013
At: 4pm
