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Claim No: CFI 055/2018

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

CATERPILLAR FINANCIAL SERVICES (DUBAI) LIMITED

Claimant

and

(1) NATIONAL GULF CONSTRUCTIONS LLC
(2) NATIONAL GULF INVESTMENT LLC

Defendants

CASE MANAGEMENT ORDER OF JUDCIAL OFFICER NASSIR AL NASSER

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 and Counsel for the Defendant at the Case Management Conference held before Judicial Officer Nassir Al Nasser on 25 September 2019

IT IS HEREBY ORDERED THAT:

Agreed List of Issues

1. Adjacent to each paragraph of each witness statement, reply witness statement (if any) and skeleton argument shall highlight 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)

2. Standard production of documents shall be made by each party by no later than 4pm on 17 November 2019.

3. The Parties shall file and serve a Request to Produce¹, if any, by no later than 4pm on 1 December 2019.

4. Objections to Requests to Produce, if any, shall be filed and served within 14 days thereafter and in any event by no later than 4pm on 15 December 2019.

5. Where objections to any Requests to Produce² have been made, the Court shall determine those objections and shall make any disclosure order within the following 21 days and in any event by no later than 5 January 2020.

6. The Parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 7 days thereafter and in any event by no later than 4pm on 12 January 2020.

7. 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 15 December 2019.

Witness Statements (RDC Part 29)

8. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 4 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 9 February 2020.

9. Any Witness Statement evidence in reply shall be filed and served within 2 weeks thereafter and in any event by no later than 4pm on 23 February 2020.

10. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.

Expert Reports (RDC Part 31)

11. The Claimant shall (if so advised) file and serve any Expert Report within 2 weeks of the close of witness evidence, and in any event by no later than 4pm on 8 March 2020 in respect of the value of the vehicles returned to or repossessed by the Claimant, as alleged at paragraph 27 of the Defence.

12. The Defendant shall file and serve any Expert Report in respect of the same issue within 2 weeks thereafter, and in any event by no later than 4pm on 22 March 2020.

13. Supplemental Expert Reports shall be filed and served by no later than 4pm on 5 April 2020.

14. The Defendant shall (if so advised) file and serve any Expert Report within 2 weeks of the close of witness evidence, and in any event no later than 4pm on 8 March 2020 in respect of the damages claimed under the counterclaim.

15. The Claimant shall file and serve any Expert Report in respect of the same issue within 2 weeks thereafter, and in any event by no later than 4pm on 22 March 2020.

16. Supplemental Expert Reports shall be filed and served by no later than 4pm on 5 April 2020.

17. The DIFC Courts shall, at the Pre-Trial Review, consider what directions to give concerning a meeting and discussion between experts.

Progress Monitoring Date (RDC Part 26)

18. The Progress Monitoring Date shall be listed at 10am on 12 April 2020.

19. 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 7 April 2020.

Pre-Trial Review (RDC Part 26)

20. A pre-trial review shall be listed at 10 am on 11 May 2020, being within the normal range of 4 to 8 weeks before trial.

Trial Bundles (RDC Part 35)

21. 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 21 May 2020.

Reading List and Trial Timetable (RDC Part 35)

22. 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 two clear days before trial and in any event by no later than 2pm on 3 June 2020.

Skeleton Argument and Chronology (RDC Part 35)

23. Skeleton Arguments and Written Opening Statements shall be filed and served two clear days before the start of trial for the Claimant and in any event by no later than 2pm on 3 June 2020 and one clear day before the start of trial for the Defendant and in any event by no later than 2pm on 4 June 2020.

24. 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 2pm on 3 June 2020. 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)

25. The trial of this matter shall be listed for 8 June 2020, with an estimated duration of 3 days (i.e. until and including 10 June 2020).

26. Costs of the Case Management Conference are costs in the case.

27. The parties shall have liberty to apply.

Issued by:
Nour Hineidi
Deputy Registrar
Date of issue: 9 October 2019
At: 9am1pm