October 10, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 052/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MR ANDREW RAOF
Claimant
and
KBH LIMITED (formerly KBH Kaanuun Limited)
Defendant
CASE MANAGEMENT ORDER OF JUSTICE RENE LE MIERE
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (the “RDC”)
AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at the Case Management Conference held before Justice Rene Le Miere on Friday 4 October 2024
AND UPON the Claimant and the Defendant having agreed to the directions of this Order
IT IS HEREBY ORDERED THAT:
Alternative Dispute Resolution Procedure (RDC Part 26)
1. On or before Friday 18 October 2024 the parties shall exchange lists of two neutral qualified mediators who are available to conduct alternative dispute resolution procedures in this case up to and including Friday 29 November 2024. The parties shall state how the mediator is known to them and any prior relationship they may have with that person.
2. On or before Friday 25 October 2024 the parties shall in good faith endeavour to agree a mediator from the lists so exchanged and provided, on the proviso that the costs of any such mediator shall be borne 50% by the Claimant and 50% by the Defendant.
3. Failing such agreement by Friday 1 November 2024, the Case Management Conference will be restored to enable the Court to facilitate agreement.
4. The parties shall take such serious steps as they may be advised to resolve their disputes by alternative dispute resolution procedures before the mediator so chosen by no later than Friday 29 November 2024.
5. If the case is not finally settled, the parties shall inform the Court accordingly by letter prior to production of documents and the Case Management Order as set out below will apply.
Production of Documents (RDC Part 28)
6. Standard production of documents shall be made by each party by exchange by no later than 4pm on Monday 10 February 2025.
7. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on Monday 24 February 2025. The parties are to use a Redfern Schedule.
8. 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 Monday 10 March 2025.
9. Objections to Requests to Produce, if any, may be filed and served by 4pm on Monday 10 March 2025.
10. If a party is not satisfied with the objections to any Requests to Produce it may apply to the Court for a Document Production Order using the Part 23 Form (“Document Production Application”), and in any event by no later than 4pm on Monday 17 March 2025. The usual timelines under RDC 23, for progression of such an application, will apply.
11. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.
12. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days from the date of the Order.
Witness Statements (RDC Part 29)
13. Signed statements of witnesses of fact, and hearsay notices where required by the RDC, shall be filed and served by way of exchange by no later than:
(a) 4pm on Friday 23 May 2025 following the close of the disclosure stage where no Document Production Application has been made pursuant to paragraph 10 above, and
(b) 4pm on Friday 6 June 2025 where a Document Production Application has been made subject to any Disclosure Order.
14. By 4pm within 14 days of filing and service of signed statements of witnesses of fact (and hearsay notices where required by the RDC), the parties shall file and serve by way of exchange any signed statements of witnesses of fact in reply.
Pre-Trial Review (RDC Part 26)
15. A Pre-Trial Review shall be listed for 12pm on Wednesday 9 July 2025.
Trial Bundle (RDC Part 35)
16. The parties are to agree the content and pagination of a Trial Bundle by 4pm on Wednesday 23 July 2025.
17. The agreed Trial Bundle (or, in the event the parties do not agree upon the Trial Bundle, the parties’ own Trial Bundles) shall be filed and served no later than 2 weeks before Trial and in any event by no later than 4pm on Monday 1 September 2025.
Reading List and Trial Timetable (RDC Part 35)
18. 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 2 clear days before Trial and in any event by no later than 4pm on Wednesday 10 September 2025.
Skeleton Argument and Chronology (RDC Part 35)
19. Skeleton Arguments shall be mutually exchanged, filed and served 2 clear days before the start of the Trial, and in any event by no later than 4pm on Wednesday 10 September 2025.
20. The parties shall prepare and endeavour to agree a neutral 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 Monday 8 September 2025.
Trial (RDC Part 35)
21. The in person Trial of this matter shall be listed for 5 days commencing at 10am on Monday 15 September 2025.
Other
22. Costs of the Case Management Conference shall be costs in the case.
23. The parties shall have liberty to apply.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 10 October 2024
At: 10am
