February 22, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 047/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
THE CTB FINANCE LTD
Claimant
And
DUBAI INSURANCE CO PSC
Defendant
CONSENT ORDER
UPON reviewing the Case Management Order of H.E. Justice Nassir Al Nasser dated 25 November 2022 (the ‘‘CM Order’’)
AND UPON the parties agreeing to amend the CM Order
IT IS HEREBY ORDERED BY CONSENT THAT:
1. Paragraphs 4 to 16 of the CM Order shall be varied on the terms set out in Schedule 1 to this Order.
2. There shall be no order as to costs.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 22 February 2022
At: 12pm
SCHEDULE 1
Production of Documents
1. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced by no later than 4pm on 8 March 2023.
2. 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 14 days and by no later than 4pm on 15 March 2023.
3. 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
4. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged within 6 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 10 May 2023.
5. 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 24 May 2023.
6. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports
7. Each party shall have permission to rely on the written evidence of an underwriting expert, specialized in trade credit insurance.
8. Expert Reports shall be filed and served by no later than 4pm on 14 June 2023.
9. Reply Expert Reports, limited to points raised by the opposing expert shall be filed and served by no later than 4pm on 30 June 2023.
10. The parties’ experts shall pursuant to RDC 31.58 meet by telephone conference, video conference, or in person, to discuss their evidence by 12 July 2023.
11. The parties’ experts shall, pursuant to RDC 31.63 following their meeting and by 26 July 2023, draw up and sign a joint memorandum recording each of the matters set out at RDC31.63, sub-paragraphs (1) – (4).
Progress Monitoring Date
12. The Progress Monitoring Date shall be listed during the week commencing 31 July 2023.
13. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before the Progress Monitoring Date.