April 26, 2022 court of first instance - Orders
Claim No. CFI 060/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) CREDIT SUISSE AG
(2) AL AHLI BANK OF KUWAIT K.S.C.P.
(3) MASHREQ BANK PSC
(4) ARAB BANKING CORPORATION (B.S.C.)
(5) NATIONAL BANK OF OMAN (S.A.O.G.)
(6) AHLI UNITED BANK B.S.C. (DIFC BRANCH)
(7) NATIONAL BANK OF OMAN (S.A.O.G.), DUBAI BRANCH
(8) STATE BANK OF INDIA
Claimants
and
(1) EMIRATES HOSPITALS GROUP LLC
(2) KHALEEFA BUTTI OMAIR YOUSIF AHMED AL MUHAIRI
(3) H.E. SAEED MOHAMMED BUTTI MOHAMMED KHALFAN AL QEBAISI
(4) EMIRATES HEALTHCARE L.L.C.
(5) EMIRATES HOSPITAL L.L.C.
(6) EMIRATES SPECIALITY HOSPITAL FZ-LLC
(7) EMIRATES HOSPITALS & CLINICS L.L.C.
(8) EMIRATES HOSPITALS REHABILITATION AND HOMECARE SERVICES L.L.C.
(9) EXCEL HEALTHCARE L.L.C.
(10) EMIRATES PHARMACY L.L.C.
(11) COSMESURGE AND EMIRATES HOSPITAL PHARMACY L.L.C.
(12) VEINCURE CLINIC DMCC
(13) EMIRATES HOSPITAL DAY SURGERY & MEDICAL CENTRE L.L.C.
(14) EMIRATES HOSPITALS CLINICS BUSINESS BAY L.L.C.
(15) KLINIKA MAHARLIKA L.L.C.
(16) AL SABAH MEDICAL CENTRE LLC
(17) COSMOPOLITAN MEDICAL CENTRE L.L.C.
(18) EMIRATES STAR MEDICAL CENTRE L.L.C.
Defendants
CASE MANAGEMENT ORDER OF THE REGISTRAR NOUR HINEIDI
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 Claimants and Counsel for the Third Defendant at the Case Management Conference held before Registrar Nour Hineidi on 14 April 2022
IT IS HEREBY ORDERED THAT:
Production of Documents (RDC Part 28)
1. Standard production of documents shall be made by the parties by 4pm on 11 May 2022.
2. The parties shall file and serve Requests to Produce in the form of Redfern Schedules, if any, by 4pm on 25 May 2022.
3. Objections to Requests to Produce, if any, shall be filed and served by 4pm on 8 June 2022.
4. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced by 4pm on 8 June 2022.
5. If a party is not satisfied with the objections to any Requests to Produce it may apply to the Court for a Document Production Order using the Part 23 Form (the “Document Production Application”). Such Document Production Application must be made expeditiously, following service of Objections to Request to Produce. The usual timelines under RDC 23 for progression of such an application will apply.
6. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days from the date of any Order ruling upon a party’s Document Production Application.
Witness Statements (RDC Part 29)
7. Any further Witness Statement evidence relied upon by the Claimants or Third Defendant shall be filed and served by 4pm on 10 August 2022.
8. Reply Witness Statement evidence (if any) shall be filed and served by 4pm on 31 August 2022.
9. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
10. Any Supplemental Expert Reports relied upon by the Claimants or Third Defendant shall be filed and served by no later than 4pm on 7 September 2022.
11. Any Responsive Supplemental Expert Report relied upon by the Claimants or Third Defendant shall be filed and served by no later than 4pm on 21 September 2022.
Pre-Trial Checklist (RDC Part 26)
12. The parties shall file and serve a Pre-Trial Checklist (Schedule C to RDC Part 26) by 4pm on 26 September 2022. Only if necessary, the parties shall have liberty to request a Pre-Trial Review hearing.
Reading List and Trial Timetable
13. An agreed reading list for trial along with an estimate of time required for reading and an estimated timetable for trial shall be filed by the Claimants no later than six days before trial.
Skeleton Argument and Chronology (RDC Part 35)
14. Skeleton Arguments and Written Opening Statements shall be filed and served by the Claimants no later than six days before trial.
15. Skeleton Arguments and Written Opening Statements shall be filed and served by the Third Defendant no later than three days before trial.
16. The parties shall prepare an agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements which shall be filed by the Claimants no later than six days before trial. 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 Bundles (RDC Part 35)
17. Trial bundles shall be filed on the DIFC Court’s Caselines e-Bundling platform.
18. Agreed trial bundles shall be filed and served no later than three days before trial.
Trial (RDC Part 35)
19. The trial of this matter shall be listed to commence at 10am on 12 October 2022 with an estimated duration of 2 days, with a day in reserve.
Costs
20. Costs of this case management order shall be costs in the case.
Liberty to Apply
21. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 26 April 2022
At: 3:45pm
