January 02, 2020 court of first instance - Orders
Claim No: CFI 037/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
GLOBAL ADVOCACY AND LEGAL COUNSEL
and
THE INDUSTRIAL GROUP
(Also known as Al Banawai Trading and Industrial Group Co. Ltd.)
CASE MANAGEMENT ORDER OF ASSISTANT REGISTRAR AYESHA BIN KALBAN
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 Assistant Registrar Ayesha Bin Kalban on 17 December 2019
IT IS HEREBY ORDERED THAT:
Agreed List of Issues
1. Adjacent to each paragraph of each witness statement 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.
Defendant’s Application to Amend Defence and Counterclaim (RDC Part 23)
2. The Claimant shall file and serve its evidence in answer to the Application Notice to seek an order from the Court to amend its Defence and Counterclaim by no later than 4pm on 12 January 2020.
3. The Defendant shall file and serve its evidence in reply (if any) by no later than 4pm on 26 January 2020.
4. The Court shall issue its decision by no later than 4pm on 2 February 2020.
5. Unless otherwise ordered by the Court, the Defendant shall file and serve its Amended Defence and Counterclaim by no later than 4pm on 16 February 2020.
6. Unless otherwise ordered by the Court, the Claimant shall file and serve its Reply to the Amended Defence and Counterclaim by no later than 4pm on 1 March 2020.
Alternative Dispute Resolution
7. On or before 2 February 2020 the parties shall exchange lists of three neutral individuals who are available to conduct alternative dispute resolution procedures in this case. Each party may in the alternative provide a list identifying the constitution of one or more panels of neutral individuals who are available to conduct alternative dispute resolution procedures in this case prior to 2 February 2020.
8. On or before 9 February 2020 the parties shall in good faith endeavour to agree a neutral individual or panel from the lists so exchanged and provided.
9. The parties shall take such serious steps as they may be advised to resolve their disputes by alternative dispute resolution procedures before the neutral individual or panel so chosen by no later than 23 February 2020.
10. If the case is not finally settled, the parties shall inform the Court by letter prior to production of documents what steps towards alternative dispute resolution have been taken and (without prejudice to matters of privilege) why such steps have failed.
Production of Documents (RDC Part 28)
11. Standard production of documents shall be made by each party by no later than 4pm on 1 April 2020.
12. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 8 April 2020.
13. 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 15 April 2020.
14. 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 4pm on 22 April 2020.
15. 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 6 May 2020.
16. 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 22 April 2020.
Witness Statements (RDC Part 29)
17. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 3 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 27 May 2020.
18. Any Witness Statement evidence in reply shall be filed and served within 2 weeks thereafter and in any event by no later than 4pm on 10 June 2020.
19. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Progress Monitoring Date (RDC Part 26)
20. The Progress Monitoring Date shall be listed at 10 am on 24 June 2020.
21. 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 no later than 4 pm on 21 June 2020.
Pre-Trial Review (RDC Part 26)
22. A Pre-Trial Review shall be listed at 10 am on 8 July 2020, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
23. Agreed trial bundles shall be filed and served no later than 2 weeks before trial and in any event by no later than 4pm on 29 July 2020.
Reading List and Trial Timetable (RDC Part 35)
24. 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 August 2020.
Skeleton Argument and Chronology (RDC Part 35)
25. Skeleton Arguments and Written Opening Statements shall be filed and served two clear days before the start of trial for the Claimant and in any event by no later than 4pm on 09 August 2020 and one clear day before the start of trial for the Defendant and in any event by no later than 4pm on 10 August 2020.
26. 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 6 August 2020. 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)
27. The trial of this matter shall be listed at 10am on 12 August 2020 with an estimated duration of 1 day.
28. Costs of the Case Management Conference shall be costs in the case.
29. The parties shall have liberty to apply.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 30 December 2019
At: 12pm
