August 26, 2018 court of first instance - Orders
Claim No: CFI-035-2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE JUDICIAL OFFICER NASSIR AL NASSER
BETWEEN
RAMY BAHY HASSAN ABOUZEID
and
THE INDUSTRIAL GROUP LIMITED
CASE MANAGEMENT ORDER OF JUDICIAL OFFICER 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 Judicial Officer Nassir Al Nasser on 13 August 2018.
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 no later than 4pm on 27 August 2018.
3. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 10 September 2018.
4. Objections to Requests to Produce, if any, shall be filed and served within 7 days thereafter and in any event by no later than 4pm on 17 September 2018.
5. 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 7 days and in any event by no later than 24 September 2018.
6. 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 no later than 4pm on 08 October 2018.
7. 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 no later than 4pm on 24 September 2018.
Witness Statements (RDC Part 29)
8. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged eight weeks following the close of the disclosure stage, and in any event by no later than 4pm on 29 October 2018.
9. Any Witness Statement evidence in reply shall be filed and served within two weeks thereafter and in any event by no later than 4pm on 19 November 2018.
10. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Progress Monitoring Date (RDC Part 26)
11. The Progress Monitoring Date shall be listed to take place by conference on 05 December 2018.
12. The parties shall file and serve a Progress Monitoring Information Sheet no later than 4pm on 28 November 2018.
Trial Bundles (RDC Part 35)
13. Agreed trial bundles shall be filed and served no later than two weeks before trial and in any event by no later than 4pm on 30 January 2018.
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 and in any event by no later than 4pm on 10 February 2019.
Skeleton Argument and Chronology (RDC Part 35)
15. Skeleton Arguments and Written Opening Statements shall be filed and served four clear days before the start of trial for the Claimant and in any event by no later than 4pm on 6 February 2019 and three clear days before the start of trial for the Defendant and in any event by no later than 4pm on 7 February 2019.
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 4pm on 11 February 2019. 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 at 10 am on 13 February 2019 with an estimated duration of two days.
18. Costs of the Case Management Conference shall be costs in the case.
19. The parties shall have liberty to apply.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 26 August 2018
At: 4pm
