October 10, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 045/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
DR CHRISTOPHER EMEKA ODUNEYE-BRAINIFF
Claimant
and
COMMERZBANK AG (DIFC BRANCH)
Defendant
CASE MANAGEMENT ORDER OF H.E. JUSTICE MAHA AL MHEIRI
UPON reviewing the Court file
ND UPON Areading 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 Maha Al Mheiri on 4 October 2022
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 Friday, 25 November 2022.
3. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on Friday, 16 December 2022.
4. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 28 days from the date of the Request to Produce, and in any event by no later than 4pm on Friday, 13 January 2023.
5. Objections to Requests to Produce, if any, may be filed and served by 4pm on Friday, 13 January 2023.
6. 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”). The usual timelines under RDC 23, for progression of such an application, will apply.
7. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.
8. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 28 days from the date of the Order.
Witness Statements (RDC Part 29)
9. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged following the close of the disclosure stage, and in any event by no later than 4pm on Friday, 17 March 2023.
10. Any Witness Statement evidence in reply shall be filed and served within 4 weeks thereafter and in any event by no later than 4pm on Friday, 14 April 2023.
11. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Pre-Trial Review (RDC Part 26)
12. A pre-trial review shall be listed at 10am on Friday, 28 April 2023, 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 4pm on Friday, 12 May 2023.
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 Friday, 19 May 2023.
Skeleton Argument and Chronology (RDC Part 35)
15. Skeleton Arguments and Written Opening Statements shall be filed and exchanged simultaneously by 4pm on Friday, 26 May 2023.
Trial (RDC Part 35)
16. The trial of this matter shall be listed at 10am from Thursday, 1 June 2023 onwards with an estimated duration of 5-6 days.
17. Costs of the Case Management Conference shall be costs in the case.
18. The parties shall have liberty to apply.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 10 October 2022
At: 9am