July 02, 2020 court of first instance - Orders
Claim No. CFI 057/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
NANCY NAGIUB
and
EN VOGUE BEAUTY CENTER LTD
AMENDED CASE MANAGEMENT ORDER
UPON reading the Case Management Bundle
AND UPON hearing counsel for the Claimant and counsel for the Defendant at the Case Management Conference held before the Deputy Registrar Nour Hineidi on Tuesday, 16 June 2020
IT IS HEREBY ORDERED THAT:
Production of Documents (RDC Part 28)
1. Standard production of documents shall be made by no later than 4pm on Thursday, 2 July 2020.
2. The parties shall file and serve Requests to Produce in the form of Redfern schedules, if any, by no later than 4pm on Thursday, 16 July 2020.
3. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced no later than 4pm on Thursday, 23 July 2020.
4. Objections to Requests to Produce, if any, shall be filed and served by no later than 4pm on Thursday, 30 July 2020.
5. The Claimant shall notify the Defendant and the Registry as to whether she proposes to submit expert evidence relating to loss and damage (including future loss and damage), and if so, of the identity of the expert in question by no later than 4pm on Thursday, 30 July 2020.
6. 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 14 days and in any event by no later than Thursday, 13 August 2020.
7. 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 Thursday, 27 August 2020.
Witness Statements (RDC Part 29)
8. Signed statements of witnesses of fact, and hearsay notices where required, shall be exchanged between the Claimant and the Defendant following the close of the disclosure stage, and in any event by no later than 4pm on Thursday, 10 September 2020.
9. The Claimant shall provide updated particulars of loss and damage no later than 4pm on Thursday, 10 September 2020. The Defendant shall provide updated counter-schedule of loss and damage by 4pm on Thursday, 5 November 2020.
10. Any Witness Statement in reply shall be exchanged within 2 weeks thereafter and in any event by no later than 4pm on Thursday, 24 September 2020.
11. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
12. The Claimant and Defendant are granted permission to rely on expert evidence from one appropriate medical expert each as to the diagnosis, character, potential causes, prognosis and future care and treatment (and any other matter of medical expertise) relating to the Claimant’s MRSA complaints and condition, as well as to the incidence, causes and treatment of MRSA generally.
13. The Claimant and Defendant are also granted permission to rely on expert evidence from one appropriate expert each as to the Claimant’s loss of income and damage including future estimated loss and damage, such as a forensic accountancy expert, if so advised.
14. Expert Reports relied on by the Claimant shall be filed and served by no later than 4pm on Thursday, 1 October 2020.
15. Responsive expert reports, if any, shall be filed and served by the Defendant by no later than 4pm on Thursday, 5 November 2020.
16. Supplemental and/or joint Expert Reports (if any) shall be filed and served by no later than 4pm on Thursday, 19 November 2020.
17. The DIFC Courts shall, at the Pre-Trial Review, consider what directions to give concerning a meeting and discussion between experts.
Pre-Trial Review (RDC Part 26)
18. A pre-trial review shall be listed before Justice Sir Jeremy Cooke on the earliest date available within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
19. The contents of the trial bundles shall be agreed by the Claimant and the Defendant no later than 3 weeks before the trial and then lodged and served by the Claimant on the Defendant no later than 2 weeks before trial.
Reading List and Trial Timetable (RDC Part 35)
20. 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 five clear days before trial.
Skeleton Argument (RDC Part 35)
21. Skeleton Arguments shall be lodged and exchanged simultaneously five clear days before the start of trial.
Trial (RDC Part 35)
22. The trial of this matter shall be listed before Justice Sir Jeremy Cooke on Tuesday, 23 March 2021 with an estimated duration of 2 days.
23. Save as hereinbefore ordered, the costs of today are costs in the case.
24. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Deputy Registrar
Date of Issue: 30 June 2020
Date of re-issue: 2 July 2020
At: 11am
