November 11, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 041/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) ABRAAJ INVESTMENT MANAGEMENT LIMITED (in official liquidation)
(2) ABRAAJ CAPITAL LIMITED (in official liquidation)
Claimants
and
(1) KPMG LOWER GULF LIMITED
(2) KPMG (a firm)
(3) KPMG LLP
Defendants
CASE MANAGEMENT ORDER
UPON the Claimants’ Part 7 Claim dated 29 March 2021 (the “Claim”)
AND UPON reading the Case Management Bundle
AND UPON review of the Rules of the DIFC Courts (the “RDC”)
AND UPON the agreement of the parties as to the form of the Amended Particulars of Claim and timetable for amendment to subsequent Statements of Case
AND UPON hearing Counsel for the Claimants and Counsel for the First and Third Defendants at the First Case Management Conference held before Chief Justice Wayne Martin on 4 and 5 November 2024
IT IS HEREBY ORDERED THAT:
Case Memorandum and List of Common Ground and Issues
1. The Case Memorandum, including the List of Common Ground and Issues included therein, is approved in the form appended to this Order.
Amendments to Statements of Case (RDC Part 18)
2. The Claimants shall file their Amended Particulars of Claim in the form agreed by the First and Third Defendants by no later than 4pm (GST) on 8 November 2024.
3. The First and Third Defendants shall file their Amended Defence and Counterclaim (with any amendments limited to those required to respond to amendments contained in the Amended Particulars of Claim) by no later than 4pm (GST) on 22 November 2024.
4. The Claimants shall file their Amended Reply and Defence to Counterclaim (if so advised, and with any amendments limited to those required to respond to amendments contained in the Amended Defence and Counterclaim) by no later than 4pm (GST) on 6 December 2024.
5. The First and Third Defendants shall file their Amended Reply to Defence to Counterclaim (if so advised, and with any amendments limited to those required to respond to amendments contained in the Amended Reply and Defence to Counterclaim) by 4pm (GST) on 20 December 2024.
Production of Documents (RDC Part 28)
6. By no later than 4pm (GST) on 12 December 2024, each party will file and serve on the other party a draft Request to Produce in a form which substantially complies with Schedule A to RDC Part 28.
7. Standard production of documents shall be made by each party by no later than 4pm (GST) on 27 February 2025.
8. By no later than 4pm (GST) on 3 April 2025, each party may file and serve on the other party a Request to Produce in a form which substantially complies with Schedule A to RDC Part 28.
9. Objections to Requests to Produce shall (if any) be filed and served by 4pm (GST) on 1 May 2025.
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 8 weeks from the date of the Request to Produce and, in any event, by no later than 4pm (GST) on 29 May 2025.
11. If a party is not satisfied with the objections to any Requests to Produce, it may apply to the Court for a Document Production Order immediately using the Part 23 Form (the “Document Production Application”) and by no later than 4pm (GST) on 26 June 2025. The usual timelines, under RDC Part 23, for progression of such an application will apply.
12. Unless otherwise ordered by the Court, any application for a Document Production Order will be determined on the papers. Where the Court orders an oral hearing, the parties shall forthwith after the issue of such order liaise with the Registry to fix a date for the hearing of such application for a Document Production Order.
13. The parties shall (i) comply with the terms of any Document Production Order and (ii) shall (in the absence of other provision in the Document Production Order) file a Document Production Statement in the form set out in RDC Part 28 Schedule B within 9 weeks from the date of the Order and, in any event, by 4pm (GST) on 25 September 2025.
Witness Statements (RDC Part 29)
14. Signed witness statements of fact, and hearsay notices where required by the RDC, shall be exchanged by 4pm on 6 November (GST) 2025.
15. Signed reply witness statements (if any), limited to response (to the extent necessary) to specific matters identified in the witness statements of the opposing parties, shall be exchanged by 4pm (GST) on 4 December 2025.
16. Unless otherwise ordered, witness statements are to stand as evidence in chief of the witness at the trial.
Expert Reports (RDC Part 31)
17. Pursuant to RDC 31.13, each of the Claimants and the First and Third Defendants (collectively) are granted permission to adduce expert evidence from a single expert in each of the following disciplines:
(1) Auditing practice (going to liability);
(2) Forensic accountancy (going to quantum); and
(3) Restructuring (going to quantum).
18. The Claimants shall serve further particulars of their case on quantum by 4pm (GST) on 2 January 2026. Such particulars shall set out in outline the Claimants’ calculation of each head of loss claimed, in sufficient detail to enable the First and Third Defendants to know the elements comprising such calculation and the documentary source upon which such calculations are based.
19. The Claimants shall file and serve their expert reports by 4pm (GST) on 29 January 2026.
20. The First and Third Defendant shall file and serve their expert reports by 4pm (GST) on 30 April 2026.
21. Experts of like discipline are to meet following such reports, in accordance with RDC 31.58, by 4pm (GST) on 28 May 2026. Such meetings may be remote, including by video-conferencing facilities.
22. Experts of like discipline shall prepare and file a joint memorandum, pursuant to RDC 31.63, by 4pm (GST) on 2 July 2026.
23. If so advised, the Claimants and First and Third Defendants shall file and exchange any supplemental expert reports, limited to response (to the extent necessary) to specific points of disagreement identified in the joint statements, by 4pm (GST) on 30 July 2026.
24. Unless otherwise ordered, expert reports are to stand as evidence in chief of the expert at the trial.
Review of Trial Time Estimate
25. The Claimants shall by 4pm (GST) on 23 July 2026, having consulted the Defendants, notify the DIFC Registry whether the time estimate for the trial should be varied.
Progress Monitoring & Pre-Trial Review (RDC Part 26)
26. progress monitoring date shall be 4pm on the date 11 weeks before trial.
27. Pursuant to RDC 26.57, each party shall file and serve a completed progress monitoring sheet at least 3 clear days before the progress monitoring date.
28. A Pre-Trial Review shall be listed in the week commencing the date 10 weeks before trial with a time estimate of one day. The Claimants shall by 4pm (GST) on the date one week before the pre-trial review, having consulted the Defendants, notify the DIFC Registry whether the time estimate for the Pre-Trial Review should be varied.
29. The appropriate page-limit for the parties’ skeleton arguments shall be considered at the Pre-Trial Review.
Trial (RDC Part 35)
30. Electronic bundles shall be used at trial (with the Judge to be provided with any hard copy he or she shall request). The parties shall liaise on an appropriate system.
31. The Claimants shall provide to the Defendants a draft trial bundle index and core bundle index by no later than 4pm (GST) on the date 10 weeks before the date fixed for trial.
32. The Defendants shall provide confirmation of agreement to the proposed trial bundle and core bundle or any comments and/or additions to the same by no later than 4pm (GST) on the date 8 weeks before the date fixed for trial.
33. The Claimants will prepare and lodge trial bundles by no later than 4pm (GST) on the date 6 weeks before the date fixed for trial.
34. An agreed chronology of significant events cross-referenced to the documents in the bundle and an agreed reading list for trial along with an estimate of the time required for reading and an estimated timetable for trial shall be filed by the Claimant no later than 4pm (GST) on the date 4 weeks before the date fixed for trial. In the event of disagreement in respect to the chronology, the extent of any disagreement is be set out in a single version of the chronology, in redline.
35. The Claimants shall file and serve their skeleton argument on the Defendants by 4pm (GST) on the date 2 weeks before the start of the reading period for the trial.
36. The Defendants shall file and serve their skeleton arguments on the Claimants by 4pm (GST) on the date 1 week before the start of the reading period for the trial.
37. An agreed single joint bundle of authorities shall be filed by 4pm (GST) on the date 1 business day before the start of the reading period for the trial.
38. The trial of this matter shall be listed with an estimated duration of 8 weeks plus 2 further weeks in reserve and plus 1 week’s pre-reading time, with the first day of prereading to be not before 7 October 2026. The parties shall forthwith liaise with the Registry to fix a trial date on a suitable date, having regard to the Court and counsels’ availability.
Costs and Liberty
39. Save in so far as provided for at paragraph 40 below, the costs of this case management conference shall be costs in the case.
40. The Claimants shall pay the First and Third Defendants’ reasonable costs of and arising from any amendments occasioned by the Amended Particulars of Claim.
41. The parties shall have liberty to apply.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 11 November 2024
At: 10am
