DIFC Courts

CFI 029/2018 The Industrial Group Ltd vs Abdelazim El Shikh El Fadil Hamid

September 05, 2019 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/Defendant by Counterclaim

and

ABDELAZIM EL SHIKH EL FADIL HAMID

Defendant/Claimant by Counterclaim

 

 

CASE MANAGEMENT ORDER OF JUDICIAL OFFICER MAHA AL MEHAIRI

 

UPON reviewing the Court file

AND UPON reading the Case Management Bundle

AND UPON hearing Counsel for the for the Claimant/Defendant by Counterclaim (the “Claimant/Defendant”) and Counsel for the Defendant/Claimant by Counterclaim (the “Defendant/Claimant”) at the Case Management Conference held before Judicial Officer Maha Al Mehairi on 26 August 2019

IT IS HEREBY ORDERED THAT:

Production of Documents

  1. The Defendant/Claimant shall file a Document Production Statement, verifying the Defendant/Claimant’s compliance with the Document Production Order dated 15 July 2019, including clarifying the position regarding disclosure of “inactive” bank accounts, in the format required by RDC 28.42 by no later than 4pm on 5 September 2019. [RDC 28.42]

 

  1. The Claimant/Defendant shall file any application for further production of bank statements by the Defendant/Claimant and/or by any relevant third party Banks by no later than 4pm on 19 September 2019. [RDC 28.51 to 28.56]

Amendments to Statements of Case

  1. The Claimant/Defendant shall file any application to amend its Particulars of Claim by no later than 4pm on 3 October 2019. [RDC 18.14]

  2. If the Claimant/Defendant is granted leave to amend its Particulars of Claim:

    1. The Defendant/Claimant shall have leave to make consequential amendments to its Amended Statement of Defence and Amended Reply to Defence to Counterclaim.

    2. The Claimant/Defendant shall have leave to make consequential amendments to its Amended Reply and Defence to Counterclaim.

  3. Subject to the Parties agreeing alternative filing dates, the Parties shall file their respective amended Statements of Case by no later than the following dates:

    1. For the Claimant/Defendant’s Amended Particulars of Claim, 3 October 2019.

    2. For the Defendant/Claimant’s Amended Statement of Defence, 10 October 2019.

    3. For the Claimant/Defendant’s Amended Reply and Defence to Counterclaim, 17 October 2019.

    4. For the Defendant/Claimant’s Amended Reply to Defence to Counterclaim, 24 October 2019.

  4. Any consequential amendments referred to in Orders 4 and 5 above shall not go beyond the scope of the amendments to which they are responsive.

Witness Statements

  1. Signed statements of witnesses of fact, and hearsay notices where required by RDC 29.2 and 29.103 to 29.105 inclusive, shall be exchanged by no later than 4pm on 7 November 2019.

  2. Any witness statement evidence in reply to be filed and served within 2 weeks thereafter and in any event by no later than 4pm on 21 November 2019.

  3. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.

Expert Reports

  1. The parties shall each have permission to call an expert in each of the following fields:

    1. Forensic investigation.

    2. Forensic accountancy.

  2. The Claimant/Defendant shall file and serve its expert reports, in accordance with the requirements of RDC Part 31, by 4pm on 5 December 2019.

  3. The Defendant/Claimant shall file and serve any responsive expert reports, in accordance with the requirements of RDC Part 31, by 4pm on 5 January 2020.

  4. 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 27 January 2020.

Progress Monitoring Date

  1. If the Parties cannot agree on directions for the consequential amendments of the Parties’ respective Statements of Case, or it is otherwise required, a Progress Monitoring Date shall be fixed for a date in October 2019 or such other date as is convenient to the Court.

  2. The parties shall send to the Registry (with a copy to all other parties) a Progress Monitoring Information Sheet (at least 3 clear days before progress monitoring date). [RDC 26.56 and 26.57]

Pre-Trial Review

  1. A Pre-Trial Review shall be fixed for a date in January 2020. [RDC 26.72]

Trial Bundles (RDC Part 35)

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

 Reading List and Trial Timetable (RDC Part 35)

  1. An agreed reading list for trial approved by all parties’ legal representatives shall be lodged with the Registry not later than 1pm, 2 clear days before the date fixed for trial, together with an estimate of the time required for reading. [RDC 35.51]

Skeleton Arguments and Chronology

  1. Skeleton Arguments shall be filed and served on all other parties by 1pm, two clear days before the start of the trial for the Claimant/Defendant and by 1pm, one clear day before the start of the trial for the Defendant/Claimant. [RDC 35.62]

  2. 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/Defendant together with its skeleton argument. 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

  1. The trial of this matter shall be listed for not earlier than late February 2020 with an estimated duration of four days.

  2. Costs of the Case Management Conference shall be costs in the case.

  3. The parties shall have liberty to apply.

 

 

Issued by:

Amna Al Owais

Registrar

Date of issue: 29 August 2019

At:3pm