August 17, 2021 court of first instance - Orders
Claim No: CFI 031/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
HIS EXCELLENCY HAMAD SUHAIL AL KHAILI
Claimant
and
BNP PARIBAS WEALTH MANAGEMENT (DIFC) LIMITED
Defendant
CASE MANAGEMENT ORDER OF H.E JUSTICE NASSIR AL NASSER
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 and Counsel for the Defendant at the Case Management Conference held before H.E Justice Nassir Al Nasser on 17 August 2021
IT IS HEREBY ORDERED BY CONSENT THAT:
Production of Documents (RDC Part 28)
1. Standard production of documents shall be made by each party by 4pm on 9 September 2021.
2. The parties shall file and serve a Request to Produce, if any, by 4pm on 23 September 2021.
3. Objections to Requests to Produce, if any, shall be filed and served within 7 days thereafter and in any event by 4pm on 30 September 2021.
4. Where objections to any Requests to Produce have been made, the Court shall determine those objections and shall make any disclosure order within the following 14 days and in any event by 14 October 2021.
5. 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 28 October 2021.
6. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 14 days from the date of the Request to Produce, and in any event by 4pm on 7 October 2021.
Witness Statements (RDC Part 29)
7. Witness Statements in support of the Claimant’s case shall be submitted by no later than 4pm on 4 November 2021 and Witness Statements in support of the Defendant’s case shall be submitted by 4pm on 18 November 2021.
8. Any Witness Statement evidence in reply shall be filed and served within 14 days thereafter and in any event by 4pm on 1 December 2021.
9. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Progress Monitoring Date (RDC Part 26)
10. The Progress Monitoring Date shall be listed on the first available date after 1 December 2021.
11. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before the progress monitoring date.
Pre-Trial Review (RDC Part 26)
12. A pre-trial review shall be listed 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
13. Agreed trial bundles shall be filed and served no later than 2 weeks before trial.
Reading List and Trial Timetable (RDC Part 35)
14. 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 two clear days before trial.
Skeleton Argument and Chronology (RDC Part 35)
15. Skeleton Arguments and Written Opening Statements shall be filed and served simultaneously two clear days before the start of trial.
16. 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 by no later than two 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)
17. The trial of this matter shall be listed on the first available date after 1 February 2022 with an estimated duration of 2 days. The parties shall provide the Registry with their availability for trial by 31 August 2021.
18. Costs of the Case Management Conference shall be costs in the case.
19. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 17 August 2021
Time: 3pm
