April 11, 2023 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 reviewing the Consent Orders dated 22 February 2022, 8 March 2023 and 23 March 2023 amending the CM Order (the "Amended CM Order")
AND UPON the Claimant’s Application No. CFI-047-2022/1 dated 29 March 2023 for an extension of time to produce ordered documents (the "Application")
AND UPON the parties agreeing to the terms of this Consent Order
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Application is withdrawn, with no order as to costs.
2. The Amended CM Order be varied on the terms set out in Schedule 1 to this Order.
3. There shall be no order as to costs.
Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 11 April 2023
At: 3pm
SCHEDULE 1
Production of Documents
1. The parties shall comply with the terms of the Amended Disclosure Order of H.E. Justice Nassir Al Nasser dated 24 February 2023 and file a Document Production Statement by 22 May 2023.
Witness Statements
2. 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 3 July 2023.
3. 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 17 July 2023.
4. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports
5. Each party shall have permission to rely on the written evidence of an underwriting expert, specialized in trade credit insurance.
6. Expert Reports shall be filed and served by no later than 4pm on 7 August 2023.
7. Reply Expert Reports, limited to points raised by the opposing expert shall be filed and served by no later than 4pm on 21 August 2023.
8. The parties’ experts shall pursuant to RDC 31.58 meet by telephone conference, video conference, or in person, to discuss their evidence by 28 August 2023.
9. The parties’ experts shall, pursuant to RDC 31.63 following their meeting and by 4 September 2023, draw up and sign a joint memorandum recording each of the matters set out at RDC 31.63, sub-paragraphs (1) – (4).
Progress Monitoring Date
10. The Progress Monitoring Date shall be listed during the week commencing 11 September 2023.
11. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before the Progress Monitoring Date.
Pre-Trial Review
12. The Pre-Trial Review shall be listed no earlier than week commencing 17 September 2023.
13. At the Pre-Trial Review, the court shall consider among other matters the joint memorandum of the experts and decide whether oral evidence from the experts at trial is reasonably required.
Trial Bundles
14. Agreed trial bundles shall be filed and served no later than 2 weeks before trial.
Reading List and Trial Timetable
15. 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 7 days before trial.
Skeleton Argument and Chronology
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 10 days before the start of trial. 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.
17. Skeleton arguments and Written Opening Statements for the Claimant and the Defendant shall be filed and served by no later than 5 days before the start of trial.
Trial
18. The trial of this matter shall be listed the week commencing 16 October 2023 with an estimated duration of 5 days.