October 28, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 077/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ESHRAQ INVESTMENTS PJSC
Claimant
and
MR SHEHAB M. GARGASH & OTHERS
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 hearing Counsel for the Claimant’s and Counsel for the Defendant’s at the Case Management Conference held before H.E. Justice Nassir Al Nasser on 29 September 2022.
IT IS HEREBY ORDERED BY CONSENT THAT:
Agreed List of Issues
1. Adjacent to each paragraph of each witness statement 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 is not required because the Parties have already produced in the pleadings all the documents that they wish to rely on.
3. The parties shall file and serve a Request to Produce1, if any, by no later than 4pm on 3 November 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 within 14 days from the date of the Request to Produce, and in any event by no later than 4pm 10 November 2022.
5. Objections to Requests to Produce, if any, may be filed and served by 4pm on 10 November 2022.
6. If a party is not satisfied with the objections to any Requests to Produce2 it may apply to the Court for a Document Production Order immediately using the Part 23 Form (the “Document Production Application”). The usual timelines under RDC 23, for progression of such an application, will apply.
7. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.
8. 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)
9. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 6 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 15 December 2022.
10. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
11. The Parties shall use their best endeavours to appoint by 7 November 2022 a joint expert in each of the following disciplines:
(a) real estate; and
(b) accountancy.
12. Once appointed, the Parties shall use their best endeavours to agree joint instructions to the experts. If the Parties cannot agree joint instructions, then they should provide to the experts joint instructions to the extent possible, and individual instructions to the extent that joint instructions cannot be agreed.
13. Each joint expert shall submit their expert report not later than 4pm on 19 January 2023.
14. If the Parties cannot appoint a joint expert by 7 November 2022 , then the Claimant and the Respondent are each entitled to appoint its own expert in the discipline where a joint expert has not been appointed.
15. If party-appointed experts are engaged, then the Parties shall file and serve their expert reports (if any) not later than 4pm on 5 January 2023, and supplemental expert reports (if any) shall be filed and served not later than 4pm on 2 February 2023.
16. The DIFC Courts shall, at the Pre-Trial Review, consider what directions to give concerning a meeting and discussion between experts.
Progress Monitoring Date (RDC Part 26)
17. The Progress Monitoring Date shall be listed on 2 March 2023.
18. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before progress monitoring date and in any event by no later than 4pm on 24 February 2023.
Pre-Trial Review (RDC Part 26)
19. A pre-trial review shall be listed in the week commencing 13 March 2023, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
20. Agreed trial bundles shall be filed and served no later than 2 weeks before trial.
Reading List and Trial Timetable (RDC Part 35)
21. 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)
22. Skeleton Arguments and Written Opening Statements shall be filed and exchanged simultaneously 7 days before trial.
23. 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 7 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 (RDC Part 35)
24. The trial of this matter shall be listed in May 2023 with an estimated duration of 4 days.
25. Costs of the Case Management Conference shall be costs in the case.
26. The parties shall have liberty to apply.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 28 October 2022
At: 10:45am