August 16, 2021 court of first instance - Orders
Claim No: CFI 060/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ORIENT INSURANCE PJSC
Claimant
and
HAZEL MIDDLE EAST FZE
Defendant
CONSENT ORDER
UPON reviewing the Case Management Order of the Registrar Nour Hineidi dated 9 March 2021, as amended on 13 April 2021, 10 May 2021, and 28 June 2021
AND UPON the parties having agreed a revised procedural timetable in terms set out in this Consent Order
AND UPON reading the Court file
AND UPON reviewing the Rules of the DIFC Courts (the “RDC”)
IT IS HEREBY ORDERED BY CONSENT THAT:
Witness Statements (RDC Part 29)
1. Signed statements of witnesses of fact, and hearsay notices where required by the RDC, shall be exchanged by 4pm on 25 August 2021.
2. Any signed factual witness statements in reply shall be filed and served by 4pm on 15 September 2021.
3. Unless otherwise ordered, all witness statements of fact shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
4. Each party shall have permission to rely on the written evidence of an expert in UAE Law.
5. Each party shall file and serve its written evidence on UAE Law by 4pm on 29 September 2021.
6. Each party shall have permission to file and serve written evidence in reply limited to points raised by the opposing expert by 4pm on 20 October 2021.
7. The parties’ experts shall pursuant to RDC 31.58 meet by telephone conference, video conference, or in person, to discuss their evidence by 28 October 2021.
8. The parties’ experts shall, pursuant to RDC 31.63 following their meeting and by 4pm on November 2021, draw up and sign a joint memorandum recording each of the matters set out at RDC 31.63, sub-paragraphs (1) – (4).
9. At the Pre-Trial Review, the court shall consider among other matters the joint statement of issues agreed and disagreed and decide whether oral evidence from the experts at trial is reasonably required.
Progress Monitoring Date (RDC Part 26)
10. The Progress Monitoring Date shall be listed at 4pm on 31 October 2021.
11. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before the progress monitoring date and by 4pm on 27 October 2021.
Pre-Trial Review (RDC Part 26)
12. A pre-trial review shall be listed at 10am on 1 November 2021, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
13. The parties shall agree the trial bundles and the Claimant shall prepare, file and serve the agreed bundles by 3 weeks before trial, i.e. by 4pm on 14 November 2021.
Reading List and Trial Timetable (RDC Part 35)
14. 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 by 7 days before trial, i.e. by 4pm on 25 November 2021.
Skeleton Argument and Chronology (RDC Part 35)
15. 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 4pm on 4 November 2021. 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.
16. Skeleton Arguments and Written Opening Statements for the Claimant and the Defendant shall be filed and served 5 days before trial, i.e. by 4pm on 29 November 2021.
Trial (RDC Part 35)
17. The trial of this matter shall be listed on 5 December 2021 with an estimated duration of 7 to 8 days.
Other Provisions
18. The parties shall have liberty to apply.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of issue: 16 August 2021
At: 12pm
