November 07, 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
AMENDED CASE MANAGEMENT ORDER OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts ("RDC")
AND UPON reviewing the Case Management Order of Judicial Officer Nassir Al Nasser dated 18 March 2018 (“Case Management Order”)
AND UPON the parties agreeing that the trial date listed in the Case Management Order is vacated
AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at the Reconvened Case Management Conference ("RCMC") held before H.E. Justice Shamlan Al Sawalehi on 27 September 2018
IT IS HEREBY ORDERED THAT:
Witness Statements (RDC Part 29)
1. Signed statements of witnesses of fact, and hearsay notices where required by the RDC, shall be exchanged by no later than 4pm on 13 February 2019.
2. 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 13 March 2019.
3. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
4. Each Party is permitted to rely on the report of (i) a forensic accounting expert; and (ii) a UAE healthcare insurance / TPA (third party administration) industry expert on the issue of quantum in accordance with the parties' Case Management Information Sheet (as amended).
5. The Claimant has appointed Mr Andrew Cottle of BDO Chartered Accountants & Advisors as its forensic accounting expert. The Defendant shall provide the Court and the Claimant with details of its forensic accounting expert by no later than 4pm on 14 days from the date of the Amended CMO.
6. The Claimant has appointed Mr Daoud Youssef as its UAE healthcare insurance / TPA (third party administration) industry expert. The Defendant shall provide the Court and the other party with details of their respective additional experts by no later than 14 March 2019.
7. The Claimant shall file and serve its expert reports by no later than 4pm on 17 April 2019.
8. The Defendant shall file and serve its expert reports by no later than 4pm on 12 June 2019.
9. The Parties’ appointed Experts shall meet their corresponding Expert no later than 3 July 2019 and each pair of corresponding Experts shall by no later than 17 July 2019 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)
10. A pre-trial review shall be listed at 2pm on 28 July 2019, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
11. 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 22 August 2019.
Reading List and Trial Timetable (RDC Part 35)
12. 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 17 September 2019.
Skeleton Argument and Chronology (RDC Part 35)
13. Skeleton Arguments shall be filed for the Claimant by no later than 4pm on 12 September 2019 and for the Defendant by no later than 4pm on 16 September 2019.
14. 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 18 September 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)
15. The trial of this matter shall be listed at 10 am on 22 September 2019 with an estimated duration of 5 days.
16. Costs of the Reconvened Case Management Conference shall be costs in the case.
17. The parties shall have liberty to apply.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 7 November 2018
Time: 9am
