September 17, 2018 court of first instance - Orders
Claim No: CFI-051-2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
IN THE MATTER OF AN APPPEAL UNDER ARTICLE 37(1)
OF DIFC LAW NO.1 OF 2007 (THE DATA PROTECTION LAW)
BETWEEN:
THE DUBAI FINANCIAL SERVICES AUTHORITY
Applicant
and
THE COMMISSIONER OF DATA PROTECTION
Respondent
CONSENT ORDER
UPON hearing counsel for the parties at an informal directions meeting before the Deputy Registrar dated 16 August 2018;
AND UPON the mutual agreement of the parties by way of draft consent order communicated to the Registry on 12 September 2018;
IT IS HEREBY ORDERED BY CONSENT THAT
1.The Applicant is to file and serve an amended Claim Form (under Part 7 of the Court Rules) in case number CFI-051-2018 by no later than 4pm, 20 September 2018.
2. The Respondent shall file an Acknowledgement of Service within 14 days from the date of service of the amended Claim Form, and in any event by no later than 4pm, 4 October 2018.
3. The Applicant’s detailed Particulars of Claim are to be filed and served within 28 days of the Respondent’s Acknowledgment of Service and in any event by no later than 4pm, 1 November 2018.
4. Those Particulars of Claim are to include, the Applicant’s:
(i) grounds for appealing against the Respondent’s decision;
(ii) application for permission to appeal; and
(iii) application for an extension of time in respect of its application for permission to appeal.
5. The Applicant’s application for permission to appeal against the Respondent’s decision is to be referred to the Court in accordance with Rule 44.8 the Rules of Court.
6. The Applicant’s application for permission to appeal, and the Applicant’s application for an extension of time in respect of its application for permission to appeal under Rule 44.13 of the Rules of Court, are to be dealt with by the Court without an oral hearing following the filing of the Applicant’s detailed Particulars of Claim.
7. If permission to appeal is granted, the Respondent’s Defence is to be filed and served within 28 days of the date on which the Court grants such permission.
8. Any Reply by the Applicant is to be filed and served within 28 days of the Respondent’s Defence.
9. The Claim Form, detailed Particulars of Claim, Defence, and Reply (if any) are to be served within 14 days of being filed on Ms Anna Waterhouse, (“the Complainant”), regardless of whether the Applicant or the Respondent joins the Complainant as a party to these proceedings.
10. Any witness evidence relied upon by the Applicant is to be filed and served by 31 January 2019, unless the Court orders otherwise.
11. Any witness evidence relied upon by the Respondent is to be filed and served by 28 February 2019, unless the Court orders otherwise.
12. Any witness evidence in reply relied upon by the Applicant is to be filed and served by 14 March 2019, unless the Court orders otherwise.
13. The case be listed for a Pre-Trial Review on the first available date after 14 March 2019.
14. For the avoidance of doubt:
(i) the Applicant’s consent to these directions is without prejudice to its contention that, on a proper view of the relevant law and the Court Rules, the Applicant was not out of time for commencing this appeal and it does not require permission to appeal against the Respondent’s decision; and
(ii) insofar as permission is required, the Respondent has indicated it does not oppose the Applicant’s application for permission to appeal or the Applicant’s application for an extension of time in respect of its application for permission to appeal.
15. Liberty to apply.
Issued by:
Nour Hineidi Kirk
Deputy Registrar
Date of Issue: 17 September 2018
At: 10am
