December 13, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 066/2022
INTHE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
FIRST MIDDLE EAST DISTRIBUTION DMCC
Claimant
and
ORANGE CHAMELEON LTD
Defendant
CASE MANAGEMENT ORDER OF H.E. JUSTICE NASSIR AL NASSER
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (“RDC”)
AND UPON the Claimant and the Defendant having agreed to the terms of this Order
IT IS HEREBY ORDERED BY CONSENT THAT:
Production of Documents (RDC Part 28)
1. Standard production of documents shall be made by each party by no later than 4pm on 15 January 2024.
2. The parties shall file and serve a Request to Produce1, if any, by no later than 4pm on 29 January 2024.
3. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 14 days from the date of the Request to Produce (i.e. by 4pm on 12 February 2024).
4. Objections to Requests to Produce, if any, may be filed and served by no later than 4pm on 19 February 2024.
5. If a party is not satisfied with the objections to any Requests to Produce2 it may apply by no later than 4pm on 4 March 2024 to the Court for a Document Production Order using the Part 23 Form (the “Document Production Application”). The usual timelines under RDC 23, for progression of such an application, will apply.
6. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.
7. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 7 days from the date of the Order.
Witness Statements (RDC Part 29)
8. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 2 weeks following the close of the disclosure stage.
9. Any Witness Statement evidence in reply shall be filed and served within 2 weeks.
10. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Pre-Trial Review (RDC Part 26)
11. A pre-trial review shall be listed on 3 June 2024, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
15. Agreed trial bundles shall be filed and served no later than 2 weeks before trial.
Reading List and Trial Timetable (RDC Part 35)
16. 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 than two clear days before trial.
Skeleton Argument and Chronology (RDC Part 35)
17. Skeleton Arguments shall be filed and served simultaneously two clear days before the start of trial for both the Claimant and the Defendant.
18. 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 at the same time as its 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)
19. The trial of this matter shall be listed on the first available date on or after 1 July 2024 with an estimated duration of 2 days, with a third day in reserve.
20. Costs of the Case Management Conference shall be costs in the case.
21. The parties shall have liberty to apply.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 13 December 2023
At: 3pm
