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Claim No: CFI 044/2023

IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURTS OF FIRST INSTANCE

BETWEEN

PERRIDON HOLDINGS LIMITED

Claimant

and

RAFIQ GHASSAN RAFIQ SHABIB

Defendant

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CASE MANAGEMENT ORDER OF H.E. JUSTICE MAHA AL MHEIRI

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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 the legal representative of the Claimant and the Defendant at the Case Management Conference held before H.E. Justice Maha Al Mheiri on 25 June 2024

IT IS HEREBY ORDERED THAT:

1. An agreed list of issues and case memorandum will be filed with the Court by 4pm on 19 June 2024. If the parties cannot agree, they will point out any areas of disagreement in those documents.

2. 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)

3. Standard production of documents shall be made by each party by no later than 4pm on 24 July 2024.

4. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 7 August 2024. The parties are to use a Redfern Schedule.

5. 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 21 August 2024.

6. Objections to Requests to Produce, if any, may be filed and served by 4pm on 14 August 2024.

7. 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 using the Part 23 Form (the “Document Production Application”), and in any event by no later than 4pm on 19 August 2024. The usual timelines under RDC 23, for progression of such an application, will apply.

8. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.

9. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days from the date of the Disclosure Order.

Witness Statements (RDC Part 29)

10. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged by 4pm on 26 August 2024 following the close of the disclosure stage where no Document Production Application has been made pursuant to paragraph 7 above, and by no later than 4pm on 18 September 2024 where a Document Production Application has been made subject to any Disclosure Order.

Expert Reports (RDC Part 31)

11. If a party wishes to rely on experts, it may apply to the Court for permission using the Part 23 Form, within 3 weeks of the close of witness evidence, and in any event by no later than 4pm on 9 October 2024.

Pre-Trial Review (RDC Part 26)

12. A pre-trial review shall be listed for 1pm on 23 December 2024, being within the normal range of 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 and in any event by no later than 8 January 2025.

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 2 clear days before trial and in any event by no later than 4pm on 17 January 2025.

Skeleton Argument and Chronology (RDC Part 35)

15. Skeleton Arguments and Written Opening Statements shall be filed and served 2 clear days before the start of trial for the Claimant and in any event by no later than 4pm on 17 January 2025 and 1 clear day before the start of trial for the Defendant and in any event by no later than 4pm on 20 January 2025.

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 15 January 2025.

17. 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)

18. The trial of this matter shall be listed to start at 12pm on 22 January 2025 with an estimated duration of 2 days.

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

20. The parties shall have liberty to apply.

Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 3 July 2024
At: 8am