February 13, 2019 court of first instance - Judgements
Claim No: CFI-052-2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
TREEFROG CAPITAL LIMITED
and
(1) TONIQUE CONSULTANCY
(2) JOHN GILLESPIE
(3) GIORGIO VALLESI
Defendants
CASE MANAGEMENT ORDER OF JUDICIAL OFFICER MAHA AL MEHAIRI
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, the Second Defendant on behalf of himself and the First Defendant, and Counsel for the Third Defendant with the Third Defendant also in attendance, at the Case Management Conference held before Judicial Officer Maha Al Mehairi on 30 January 2019.
IT IS HEREBY ORDERED THAT:
Defence of First and Second Defendant and Reply to Defence
1.The First and Second Defendant have permission to file and serve their Defence, such Defence being deemed filed and served on 30 January 2019.
2. The Claimant shall file and serve its Reply to the Defence of the First and Second Defendant by 4pm on 20 February 2019.
Service on the First and Second Defendant
3. The First and Second Defendant agree to accept service of all documents by email at ziggy.gillespie2017@gmail.com.
Amendment to Reply to Defence of Third Defendant
4. The Claimant has permission to amend its Reply to the Defence of the Third Defendant dated 23 January 2019 and shall file and serve a copy on all other parties by 4pm on 7 February 2019.
Provision of Further Information
5. The Claimant shall provide the information requested by the Third Defendant on 12 November 2018, by no later than 4pm on 14 February 2019.
6. The Third Defendant shall provide the information requested by the Claimant on 29 October 2018 by no later than 4pm on 14 February 2019.
Agreed List of Issues
7. 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, in order for the Court to understand to which of the agreed issues that paragraph relates.
Production of Documents (RDC Part 28)
8. Standard production of documents shall be made by each party by no later than 4pm on 28 February 2019. Documents shall be produced electronically.
9. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 14 March 2019.
10. Objections to Requests to Produce, if any, shall be filed and served within 7 days thereafter and in any event by no later than 4pm on 21 March 2019.
11. 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 7 days and in any event by no later than 4pm on 28 March 2019.
12. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days thereafter and in any event by no later than 4pm on 18 April 2019.
13. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 14 days from the date of the Request to Produce, and in any event by no later than 4pm on 4 April 2019.
Witness Statements (RDC Part 29)
14. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 6 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 25 April 2019.
15. Any Witness Statement evidence in reply shall be filed and served within 3 weeks thereafter and in any event by no later than 4pm on 15 May 2019.
16. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Progress Monitoring Date (RDC Part 26)
17. The Progress Monitoring Date shall be listed at 2pm on 16 May 2019.
18. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before progress monitoring date and in any event by no later than 4pm on 12 May 2019.
Pre-Trial Review (RDC Part 26)
19. A pre-trial review shall be listed at 2pm on 16 May 2019, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
20. Agreed trial bundles shall be filed and served by no later than 3 weeks before trial and in any event by no later than 4pm on 23 May 2019.
Reading List and Trial Timetable (RDC Part 35)
21. 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 three clear days before trial and in any event by no later than 4pm on 12 June 2019.
Skeleton Argument and Chronology (RDC Part 35)
22. Skeleton Arguments and Written Opening Statements shall be filed and served three clear days before the start of trial for the Claimant and in any event by no later than 4pm on 12 June 2019 and two clear days before the start of trial for the Defendants and in any event by no later than 4pm on 13 June 2019.
23. 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 7 days before the trial is due to begin. 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)
24. The trial of this matter shall be provisionally listed at 10am on 18 June 2019 (to be confirmed) with an estimated duration of 2-3 days.
Miscellaneous
25. In the event that the Third Defendant is held liable to the Claimant, the Third Defendant shall have permission to bring any claims for an indemnity or contribution against the First and/or Second Defendants within 30 days of the judgment holding him liable to the Claimant.
26. Costs of the Case Management Conference shall be costs in the case.
27. The parties shall have liberty to apply.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of Issue: 13 February 2019
At: 11am
