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Claim No: CFI 054/2019

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

LARMAG HOLDING B.V.

Claimant

and

(1) FIRST ABU DHABI BANK PJSC
(2) FAB SECURITIES LLC
(3) MR ABDULLA SAEED BAKHEET OBAID ALJABERI
(4) MR ALI MOHAMED
(5) ELITE HOLDING GROUP LIMITED

Defendants

ORDER OF JUSTICE SIR RICHARD FIELD

UPON a Pre-Trial Review having been ordered by the Court

AND UPON a Consent Order dated 21 October 2020 requiring, inter alia, that the Third Defendant file and serve expert evidence by 26 November 2020 in response to the Claimant’s expert evidence filed on 15 October 2020

AND UPON the Third Defendant’s application issued on 22 November 2020 to extend the deadline for the Third Defendant to file and serve expert evidence in response to the Claimant’s expert evidence

AND UPON hearing Tom Stewart Coats, counsel for the Claimant, Steven Thompson QC, counsel for the Third Defendant, and the First, Second, Fourth and Fifth Defendants not appearing, at the Pre-Trial Review held before Justice Sir Richard Field on 23 November 2020

IT IS HEREBY ORDERED THAT:

Expert Evidence

1. Paragraph 8 of the Consent Order dated 21 October 2020 be varied to provide that the Third Defendant shall file and serve expert evidence in answer to the Claimant’s expert evidence from a forensic accountant by no later than 4pm on 18 December 2020.

2. The parties shall liaise to ensure that the expert forensic accountants meet and produce, on or before 31 January 2021, a joint memorandum following the procedure and rules in RDC 31.58 to 31.64.

Trial Bundle

3. The trial bundle shall be lodged and served by the Claimant on all parties by 18 February 2021.

Skeleton Arguments

4. Skeleton Arguments shall be lodged and exchanged by 4pm on 25 February 2021.

Trial

5. The trial of this matter is fixed to commence on 7 March 2021 and run for 6 consecutive days so as to conclude on 12 March 2021 with each sitting day to commence at noon UAE Standard Time, and run for 4½ hours with a break of one hour approximately half way through the sitting day, unless otherwise directed by the trial judge.

6. The parties are to agree a trial timetable, including the order of evidence for the witnesses by no later than 4pm on 11 February 2021, failing which Justice Sir Richard Field will impose a timetable for trial on the parties.

7. The trial is to be heard remotely using videoconferencing technology.

Costs

8. Costs of the Pre-Trial Review to be costs in the case.

Variations to this order

9. The parties may apply to restore this Pre-Trial Review to consider variations to this Order but there will have to be a major and significant change in circumstances before the Court will make variations to this Order.

Issued by:
Nour Hineidi
Registrar
Date of issue: 30 November 2020
At: 12pm