September 14, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 062/2021
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) MR SANJEEV SAWHNEY
(2) MRS ALKA SAWHNEY
Claimants
and
CREDIT SUISSE AG
Defendant
CASE MANAGEMENT ORDER OF H.E. DEPUTY CHIEF JUSTICE ALI AL MADHANI
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 Defendant at the Case Management Conference on 12 September 2023
IT IS HEREBY ORDERED THAT:
Production of Documents (RDC Part 28)
1. Standard production of documents shall be made by each party by no later than 4pm on 1 December 2023.
2. The Parties shall file and serve a Request to Produce1, if any, by no later than 4pm on 9 February 2024. Nothing in this paragraph shall prevent the Parties from filing supplemental Requests to Produce after this date.
3. Objections to Requests to Produce, if any, may be filed and served by no later than 4pm on 8 March 2024.
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 no later than 4pm on 8 March 2024.
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 by 4pm on 12 April 2024 using the Part 23 Form. The usual timelines under RDC 23, for progression of such an application, will apply. Nothing in this paragraph shall prevent the Parties from making further applications for Document Production Orders after this date.
6. The Parties shall comply with the terms of any Document Production Order and file a Document Production Statement within 6 weeks from the date of the Order.
Witness Statements (RDC Part 29)
7. Signed statements of witnesses of fact, and hearsay notices where required by the RDC, shall be exchanged 10 weeks following the close of the document production stage.
8. Any Witness Statement evidence in reply shall be filed and served within 6 weeks thereafter.
9. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at Trial
Expert Evidence (RDC Part 31)
10. Applications for permission to rely on expert evidence (if any) shall be made by no later than 4 weeks after service of Witness Statement evidence in reply. The usual timelines under RDC 23, for progression of such an application, will apply.
Progress Monitoring Date (RDC Part 26)
11. A Progress Monitoring Date shall be listed on a date to be determined by the Court and convenient to the Parties within 4 weeks of determination of any applications for permission to rely on expert evidence, or, if no such applications are made, within 4 weeks of the deadline for such applications
12. The Parties shall file and serve a Progress Monitoring Information Sheet at least three working days before the Progress Monitoring Date.
Pre-Trial Review (RDC Part 26)
13. A Pre-Trial Review shall be listed on dates to be determined by the Court and convenient to the Parties, being within the normal range of 4 to 8 weeks before Trial.
Trial Bundles (RDC Part 35)
14. Agreed Trial bundles shall be filed and served no later than 8 weeks before Trial.
Reading List and Trial Timetable (RDC Part 35)
15. 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 Claimants no later than 2 working days before Trial.
Skeleton Argument and Chronology (RDC Part 35)
16. The Claimants shall file and serve their Skeleton Argument 4 working days before the start of Trial. The Defendant shall file and serve their Skeleton Argument 2 working days before the start of Trial.
17. The Claimants shall provide to the Defendant a draft Chronology of significant events cross-referenced to significant documents, pleadings and witness statements 21 days before the start of the Trial. The Defendant shall provide its comments by 14 days before the start of the Trial. The Claimants shall file and serve the Chronology (ideally agreed) at the same time as their Skeleton Argument. 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)
18. The Trial of this matter shall have an estimated duration of 5 to 6 days. In the event that the Court gives permission for expert evidence, either party may apply to vary this estimate.
19. If the Court does not fix a Trial date at the Progress Monitoring Date itself then, following the Progress Monitoring Date, the Parties shall meet with the Registrar to obtain a fixed date for Trial.
20. Costs of the Case Management Conference shall be costs in the case.
21. The Parties shall have liberty to apply.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 14 September 2023
At: 3pm