March 18, 2018 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
and
OMAN INSURANCE COMPANY PSC
CASE MANAGEMENT ORDER OF JUDICIAL OFFICER NASSIR AL NASSER
UPON reviewing the Court file
AND UPON reading 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 Judicial Officer Nassir Al Nasser on 5 March 2018
IT IS HEREBY ORDERED THAT:
Production of Documents (RDC Part 28)
1.Standard production of documents shall be made by each party by no later than 4pm on 4 April 2018.
2. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 18 April 2018.
3. Objections to Requests to Produce, if any, shall be filed and served within 14 days thereafter and in any event by no later than 4pm on 2 May 2018.
4. 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 in any event by no later than 16 May 2018.
5. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 21 days thereafter and in any event by no later than 4pm on 6 June 2018.
6. 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 16 May 2018.
Witness Statements (RDC Part 29)
7. Signed statements of witnesses of fact, and hearsay notices where required by the RDC, shall be exchanged 8 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 1 August 2018.
8. 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 29 August 2018.
9. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
10. Presently, each Party is permitted to rely on the report of a single forensic accounting expert on the issue of quantum in accordance with the Case Management Information Sheet.
11. The Claimant shall file and serve its expert report by no later than 4pm on 3 October 2018.
12. The Defendant shall file and serve its expert report by no later than 4pm on 14 November 2018.
13. The Parties’ appointed Experts shall meet no later than 5 December 2018 and shall by no later than 20 December 2018 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)
14. A pre-trial review shall be listed at 2pm on 16 January 2019, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
15. 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 10 February 2019.
Reading List and Trial Timetable (RDC Part 35)
16. 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 no later than 4pm on 19 February 2019.
Skeleton Argument and Chronology (RDC Part 35)
17. Skeleton Arguments and Written Opening Statements shall be filed for the Claimant by no later than 4pm on 14 February 2019 and for the Defendant by no later than 4pm on 18 February 2019.
18. 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 20 February 2019. 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)
19. The trial of this matter shall be listed at 10am on 24 February 2019 with an estimated duration of 5 days.
20. Costs of the Case Management Conference shall be costs in the case.
21. The parties shall have liberty to apply.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 18 March 2018
At: 4pm
