April 05, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 057/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
KHALED SALEM MUSABEH HUMAID ALMHEIRI
Claimant
and
(1) MOHAMMED EZELDDINE EL ARAJ
(2) JOHN CAMERON
Defendants
ORDER WITH REASONS OF JUDICIAL OFFICER MAITHA ALSHEHHI
UPON reviewing the Claimant’s Application No. CFI-057-2021/8 dated 3 March 2023 seeking permission to amend its particulars of claim pursuant to rule 18.2(2) of the Rules of the DIFC Courts (“RDC”) in the manner set out in the exhibit to the witness statement of Antonios Dimitracopoulos dated 1 March 2023 (the “Application”)
AND UPON reviewing the Second Defendant’s evidence in answer to the Application dated 17 March 2023
AND UPON reviewing the Claimant’s evidence in reply dated 24 March 2023
AND PURSUANT TO Part 18 of the RDC
IT IS HEREBY ORDERED THAT:
1. The Application is granted.
2. Pursuant to RDC 18.2(2), the Claimant is permitted to amend its particulars of claim in the manner set out in the exhibit to the witness statement of Antonios Dimitracopoulos dated 1 March 2023.
3. The Claimant shall file and serve its amended particulars of claim by no later than 14 days from the date of this Order.
4. The costs of and occasioned by the Application shall be borne by the Claimant.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 5 April 2023
At: 2pm
SCHEDULE OF REASONS
1. In accordance with RDC 18.2, the Claimant may amend its particulars of claim by seeking the other side’s written consent or with the permission of the Court.
2. The Claimant did not seek the Second Defendant’s approval on the amendment and therefore proceeded to file an application seeking such relief.
3. The Claimant submits that the Second Defendant would not be prejudiced by the proposed amendments on the basis that he did not file a defence yet.
4. The Second Defendant refutes this and submits that the draft amendments are materially deficient and must be particularised in order for him to formulate his defence accordingly.
5. On the basis that the claim and particulars of claim were originally filed on 30 May 2021 and given the recent developments in this case wherein the Claimant settled the claim against the First Defendant, I find that that the proposed amendments are expected at this stage of the proceedings.
6. Given that the Second Defendant has yet to file his defence, I agree with the Claimant’s arguments. Therefore, the Application must be granted in accordance with RDC 18.2(2) and the Claimant must file and serve its amended particulars of claim by no later than 14 days from the date of this Order.
7. In accordance with RDC 18.27, a party applying for the amendment will usually be responsible for the costs. As such, the costs of and occasioned by the Application shall be borne by the Claimant.