November 28, 2018 court of first instance - Orders
Claim No: CFI-057-2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
BASIN SUPPLY CORPORATION
and
(1) ROUGE LLC
(2) CLAUSE BARRET
Defendants
ORDER OF JUDICIAL 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 Defendants at the Case Management Conference held before Judicial Office Nassir Al Nasser on Monday 26 November 2018
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 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)
2.Standard production of documents shall be dispensed with.
3. Each party shall make any specific disclosure requests by way of lists of documents by 20 December 2018.
4. In respect of each such request, the requesting party shall explain why they believe the documents to be in the possession of the other party and the relevance of those documents to the issues in dispute.
5. Any party served with such a request shall provide a response to include any objection to such a request by 10 January 2019.
6. Any dispute arising from any objection served pursuant to paragraph 5, above, shall be determined by the Court on paper following written submission by the parties to be filed and exchanged within 7 days following an objection.
7. If no objection has been raised and/or the Court determines that any documents should be disclosed, such documents shall be produced by 17 January 2019.
Trial (RDC Part 35)
8. The trial of this matter shall be listed at 10am on 26-27 May 2019 with an estimated duration of 1 to 2 days.
Witness Statements (RDC Part 29)
9. There shall be simultaneous exchange of Witness Statements in support of the Claimant’s case and the Defendants’ case at 4pm on 26 February 2019.
10. Any Witness Statement evidence in reply shall be filed and served by 4pm on 12 March 2019.
11. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
12. Each party has liberty to file a written brief on the following UAE law issues, within three weeks of the close of witness evidence, and in any event by no later than 2 April 2019:
13. whether the Promissory Note is valid and binding in terms of applicable UAE law.
Progress Monitoring Date (RDC Part 26)
14. The Progress Monitoring Date shall be listed at 2pm on 9 April 2019.
15. 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 4 April 2019.
Trial Bundles (RDC Part 35)
16. 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 16 May 2019.
Reading List and Trial Timetable (RDC Part 35)
17. 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 4pm on 21 May 2019.
Skeleton Argument and Chronology (RDC Part 35)
18. Skeleton Arguments and Written Opening Statements shall be filed and served two clear days before the start of trial and in any event by no later than 4pm on 21 May 2019.
19. 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 4pm on 21 May 2019. 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.
20. Costs of the Case Management Conference shall be costs in the case.
21. The parties shall have liberty to apply.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 28 November 2018
At: 1pm
