December 06, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 045/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MELVIN STANLEY PAREKKAT
Claimant
and
(1) SHAHAB AHMAD MOHAMMED AYOUB AL SHEHHI
(2) THE COINS RESTAURANT & COFFEE SHOP LTD
Defendants
CASE MANAGEMENT ORDER OF H.E. JUSTICE NASSIR AL NASSER
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (the “RDC”)
AND UPON hearing Counsel for the Claimant and Counsel for the Defendants at the Case Management Conference held before H.E. Justice Nassir Al Nasser on 5 December 2023
AND UPON the Claimant and the Defendants having agreed to the terms of this Order
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 11 January 2024.
3. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 25 January 2024. The parties are to use a Redfern Schedule.
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 14 days from the date of the Request to Produce, and in any event by no later than 4pm on 8 February 2024.
5. Objections to any Requests to Produce may be filed and served by 4pm on 8 February 2024.
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 using the Part 23 Form (the “Document Production Application”), and in any event by no later than 15 February 2024. 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 14 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 by 4pm on 14 March 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 22 April 2024 where a Document Production Application has been made subject to any Disclosure Order.
Expert Reports (RDC Part 31)
10. The Claimant shall file and serve any Expert Report(s) within 4 weeks of the close of witness evidence, and in any event by no later than 4pm on 20 May 2024 in respect to the valuation of the shares.
11. The Defendant shall file and serve any Expert Report(s) in respect of those same issues within 4 weeks thereafter, and in any event by no later than 4pm on 17 June 2024.
12. Joint memorandum to be filed by Parties’ experts on 1 July 2024.
13. The DIFC Courts shall, at the Pre-Trial Review, consider what directions to give concerning a meeting and discussion between experts.
Progress Monitoring Date (RDC Part 26)
14. The Progress Monitoring Date shall be listed at 11am on 5 July 2024.
15. The parties shall file and serve a Progress Monitoring Information Sheet at least 3 clear days before progress monitoring date and in any event by no later than 4pm on 1 July 2024.
Pre-Trial Review (RDC Part 26)
16. A pre-trial review shall be listed for 11am on 8 July 2024, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
17. 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 6 August 2024
Reading List and Trial Timetable (RDC Part 35)
18. 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 9 August 2024.
Skeleton Argument and Chronology (RDC Part 35)
19. 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 9 August 2024 and 1 clear day before the start of trial for the Defendant and in any event by no later than 4pm on 12 August 2024.
20. 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 5 August 2024.
21. 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)
22. The trial of this matter shall be listed to start at 11am on Wednesday 14 August 2024 with an estimated duration of 3 (three) days.
23. Costs of the Case Management Conference shall be costs in the case.
24. The parties shall have liberty to apply.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 6 December 2023
At: 3pm
