March 10, 2021 court of first instance - Orders
Claim No:CFI 029/2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
THE INDUSTRIAL GROUP LTD
Claimant and Counterclaim Defendant
and
ABDELAZIM EL SHIKH EL FADIL HAMID
Defendant and Counterclaimant
CASE MANAGEMENT ORDER OF H.E JUSTICE MAHA AL MEHAIRI
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (“RDC”)
AND UPON hearing Counsel for the Claimant(s) and Counsel for the Defendant(s) at the Case Management Conference held before Judicial Officer Maha Al Mehairi on 24 January 2021
IT IS HEREBY ORDERED BY CONSENT THAT:
Agreed 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, in order for the Court to understand to which of the agreed issues that paragraph relates.
Production of Documents (RDC Part 28)
2. Standard production of documents shall be made by each party by 4pm on 7 March 2021.
3. The Counterclaim Claimant sought Specific Document Production as follows:
(a) CFI-024-2018 Proceedings, access to the file on the CMS to be made available to the Defendant by the Registry;
(b) CFI-037-2019, access to the file on CMS to be made available to the Defendant by the Registry; and
(c) any application made by, or to be made by, the Claimant to the DIFC Registrar of Companies including any:
i. statement of solvency;
ii. latest Audited financial statements filed with the Registrar of Companies;
iii. application to redomicile, or transfer company, or any major assets belonging to it, from the DIFC jurisdiction; and
iv. application to reduce the share capital.
4. The Counterclaim Defendant will make disclosure of the documents listed below in the standard disclosure on 7 March 2021, subject to the Counterclaim Defendant’s review of the documents for relevance and privilege:
(a) the documents sought under 3(a) pursuant to Clause 6.8 of the RDC;
(b) the documents sought under 3(b) pursuant to Clause 6.10 of the RDC; and
5. The parties will liaise prior to 7 March 2021 in respect of the documents set out at 3(c).
6. The parties shall file and serve a Request to Produce1 , if any, by 4pm on 21 March 2021.
7. Objections to Requests to Produce, if any, shall be filed and served within 7 days thereafter and in any event by 4pm on 28 March 2021.
8. Where objections to any Requests to Produce2 have been made, the Court shall determine those objections on the papers and shall make any disclosure order within the following 21 days and in any event by 4pm on 18 April 2021.
9. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days thereafter and in any event by 4pm on 2 May 2021.
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 by 4pm on 28 March 2021.
[Order for Justice by Reconciliation (RDC Part 27)]
11. The parties certify that they have engaged in settlement discussions.
Witness Statements (RDC Part 29)
12. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 4 weeks following the close of the disclosure stage, and in any event by 4pm on 30 May 2021.
13. Any Witness Statement evidence in reply shall be filed and served within 4 weeks thereafter and in any event by 4pm on 27 June 2021.
14. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
15. Expert Reports (RDC Part 31)
16. Expert Reports shall be filed and served 4pm on 30 May 2021.
17. Supplemental Expert Reports shall be filed and served by 4pm on 27 June 2021.
18. The DIFC Courts shall, at the Pre-Trial Review, consider what directions to give concerning a meeting and discussion between experts.
Progress Monitoring Date (RDC Part 26)
19. The Progress Monitoring Date shall be listed at 10 am on 1 July 2021.
20. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before progress monitoring date and in any event by 4pm on 27 June 2021.
Pre-Trial Review (RDC Part 26)
21. A pre-trial review shall be tentatively listed at 10am on 15 July 2021 being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
22. Agreed trial bundles shall be filed and served no later than 2 weeks before trial and in any event by 4pm on 12 August 2021.
Reading List and Trial Timetable (RDC Part 35)
23. An agreed reading list for trial along with an estimate of time required for reading and an estimated timetable for trial shall be filed with the Court by the Claimant no later than five (5) clear days before trial
Skeleton Argument and Chronology (RDC Part 35)
24. Skeleton Arguments and Written Opening Statements shall be filed and served no later than:
(a) five (5) clear days before the start of trial by the Defendant and Counterclaimant; and
(b) three (3) clear days before the start of trial by the Claimant and Defendant to the Counterclaim.
25. The parties shall prepare an agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements which shall be filed with the Court by the Claimant no later than five (5) clear days before trial. In the event that there are areas of disagreement, the Chronology shall include an agreed Chronology and a Chronology of events which are disputed, with the parties’ respective positions outlined therein.
Trial (RDC Part 35)
26. The trial of this matter shall be listed in the beginning / the middle of September 2021 with an estimated duration of [1] day.
27. Costs of the Case Management Conference are costs in the case.
28. Liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 10 March 2021
Time: 10am
