April 12, 2022 court of first instance - Orders
Claim No. CFI 051/2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
GLOBEMED GULF HEALTHCARE SOLUTIONS LLC
Claimant
and
OMAN INSURANCE COMPANY PSC
Defendant
AGREED AMENDED CASE MANAGEMENT ORDER
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts ("RDC")
AND UPON the Defendant’s application to re-amend its Defence dated 2 February 2020 (the “Application”)
AND UPON the Judgment of the Court of Appeal dated 26 December 2021 (re-issued on 28 December 2021)
AND UPON the parties agreeing the terms of this Amended Case Management Order
IT IS HEREBY ORDERED BY CONSENT THAT:
Amended Pleadings
1. The Defendant filed and served its Re-Amended Defence and Counterclaim on 12 January 2022.
2. The Claimant filed and served its Amended Reply and Defence to Counterclaim on 10 February 2022 (the “ARDC”).
3. The Defendant filed and served its Reply to Defence to Counterclaim on 17 March 2022 (the “RDCC”).
Security for Costs
4. The Claimant will provide security for costs in the sum of USD 653,000 by way of a guarantee from a UAE-based bank on the terms previously agreed between the parties (the “Guarantee”).
5. The Claimant will provide the Guarantee by 4pm on the date 2 business days1 following the date of exchange of requests for specific documents pursuant to paragraph 6 below.
Document Requests
6. The Parties shall make any request for specific documents by description sufficient to identify each requested document (such request being limited to documents that are relevant and material to the outcome of the case in relation to issues arising from the ARDC or RDCC) by 4pm on 31 March 2022. Such request shall be accompanied by:
(a) a description of how the documents requested are relevant and material to the outcome of the case; and
(b) a statement that the documents requested are not in the possession, custody or control of the requesting Party.
7. Each Party shall provide copies of the documents requested by the other Party, or provide reasons why the request has been refused, by 4pm on 7 April 2022.
8. Each Party shall provide copies of the documents requested by the other Party, or provide reasons why the request has been refused, by 4pm on 7 April 2022.
9. Each Party has liberty to apply in the event that the reasons given by the other Party for not providing copies of the requested documents are not accepted and shall make any such application by 4pm on 14 April 2022.
Agreed List of Issues
10. The Claimant shall provide the Defendant with an updated List of Issues by 4pm on 31 March 2022.
11. The Defendant will provide any comments it has on the updated List of Issues by 4pm on 7 April 2022.
12. The Parties shall seek to agree, and then the Claimant shall file and serve on the Defendant, the agreed updated List of Issues as soon as possible following the preceding step and in any event by 4pm on 14 April 2022. If the List of Issues has not been so agreed, then each party shall file and serve its own updated List of Issues by 4pm on 14 April 2022.
13. 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 (or if not so agreed, the issue or issues from the List of Issues filed and served by the Claimant or the Defendant and marked as C[x] or D[x] respectively), in order for the Court to understand to which of the issues that paragraph relates.
Witness Statements (RDC Part 29)
14. Signed statements of witnesses of fact, and hearsay notices where required by the RDC, shall be filed and exchanged by 4pm on 27 May 2022.
15. Any Witness Statement evidence in reply shall be filed and exchanged by 4pm on 24 June 2022.
16. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
17. The Claimant shall file and serve expert reports from the following experts by 4pm on 5 August 2022 on:
(a) Mr Andy Cottle of BDO LLP; and
(b) Mr David T. Youssef of AXIOS Strategic Consultants FZE.
18. The Defendant shall file and serve expert reports from the following experts by 4pm on 16 September 2022:
(a) Mr Clive Burrows of Baker Tilly; and
(b) Mr Robin Ali of The Consilient Consultancy Limited.
19. The Parties’ appointed Experts shall meet their corresponding Expert by no later than 14 October 2022 and each pair of corresponding Experts shall, by no later than 1 November 2022, deliver a signed short joint memorandum confirming the points of agreement and disagreement and, where there is disagreement, provide reasons for the same.
Pre-Trial Review (RDC Part 26)
20. A pre-trial review shall be listed at 2pm on 12 April 2023 being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
21. Agreed trial bundles shall be filed and served by 4pm on 30 March 2023.
Reading List and Trial Timetable (RDC Part 35)
22. 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 by 4pm on 3 May 2023.
Skeleton Argument and Chronology (RDC Part 35)
23. Skeleton Arguments shall be filed for the Claimant by 4pm on 19 April 2023 and for the Defendant by 4pm on 26 April 2023.
24. 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 4pm on 3 May 2023. 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)
25. The trial of this matter shall be listed at 10am on 18 May-26 May 2023 with an estimated duration of 6 days, with 1 day in reserve.
26. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 12 April 2022
At:1pm
