August 13, 2020 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
and
HAZEL MIDDLE EAST FZE
CONSENT ORDER
UPON the DIFC Court issuing an order dated 11 May 2020 with agreed case management directions in the proceedings CFI-060-2019, as amended on 22 July 2020 (the “CMC Order”)
AND UPON the parties agreeing to amend the CMC Order
BY CONSENT IT IS ORDERED THAT:
1 The CMC Order shall be amended in the form set out in Schedule 1 to this Consent Order.
2. No order as to costs.
Issued by:
Nour Hineidi
Deputy Registrar
Date of issue: 13 August 2020
Time: 2pm
Schedule 1
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 made by each party by no later than 4pm on 3 August 2020.
3. The parties shall file and serve a Request to Produce1 , if any, by no later than 4pm on 20 August 2020.
4. Objections to Requests to Produce, if any, shall be filed and served within 28 days thereafter and in any event by no later than 4pm on 3 September 2020.
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 14 days and in any event by no later than 17 September 2020.
6. 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 1 October 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 21 days from the date of the Request to Produce, and in any event by no later than 4pm on 10 September 2020.
1 The use of Redfern schedules is encouraged
2 The Court may decide that a hearing is/is not necessary in the circumstances
Witness Statements (RDC Part 29)
8. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 5 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 22 October 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 5 November 2020.
10. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
11. Each party shall have permission to rely on the written evidence of an expert in UAE Law.
12. Each party shall file and serve its written evidence on UAE Law by no later than 4pm on 26 November 2020.
13. Each party shall have permission to file and serve written evidence in reply limited to points raised by the opposing expert by no later than 4pm on 17 December 2020.
14. At the Pre-Trial Review, the court shall consider the appropriate directions for a meeting and discussion between experts and a joint statement of issues agreed and disagreed and whether oral evidence at trial is reasonably required.
Progress Monitoring Date (RDC Part 26)
15. The Progress Monitoring Date shall be confirmed by the Registry at a later date.
16. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before progress monitoring date.
Pre-Trial Review (RDC Part 26)
17. A pre-trial review shall be listed at 12:00pm on 19 January 2021, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
18. Agreed trial bundles shall be filed and served by no later than 4pm on 24 February 2021.
Reading List and Trial Timetable (RDC Part 35)
19. 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 4pm on 7 March 2021.
Skeleton Argument and Chronology (RDC Part 35)
20. Skeleton Arguments and Written Opening Statements for the Claimant and the Defendant shall be filed and served by no later than 4pm on 7 March 2021.
21. 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 3 March 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.
Trial (RDC Part 35)
22. The trial of this matter shall be listed on 14 March 2021 with an estimated duration of 4 to 6 days.
23. Costs of the Case Management Conference shall be costs in the case.
24. The parties shall have liberty to apply.
