July 12, 2024 court of first instance - Orders
Claim No: CFI 079/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) THAMER ABDULAZIZ ALBULAIHID
(2) MOUSTAFA EL SAYED ABDULGHANI EL SHAFAEI
Claimants
and
(1) NASSER SHEHATA
(2) HEALTH INSIGHTS FZ-LLC
(3) HEALTH INSIGHTS ASIA (L) BHD
Defendants
ORDER OF JUSTICE RENE LE MIERE
UPON the Part 8 Claim Form dated 23 October 2023 (the “Claim” or “Claim Form”)
AND UPON the Order of Justice Le Miere dated 4 March 2024
AND UPON the Order with Reasons of Justice Le Miere dated 15 May 2024
AND PURSUANT TO the Rules of the DIFC Courts (the “RDC”)
IT IS HEREBY ORDERED THAT:
1. The Claimants shall file and serve the Part 7 Claim Form and Particulars of Claim and any supporting documents by no later than 4pm on 26 June 2024.
2. The Third Defendant shall file its Acknowledgement of Service by no later than 4pm on 10 July 2024.
3. The Third Defendant shall file its application (if any) pursuant to RDC Part 12 within 14 days after filing its Acknowledgement of Service, and in any event by no later than 4pm on 24 July 2024.
4. The Defendants shall file and serve the Defence and (if applicable) any Counterclaim and any supporting documents by no later than 4pm on 7 August 2024.
5. The Claimants shall file and serve any Reply to Defence and (if applicable) Defence to Counterclaim and any supporting documents by no later than 4pm on 28 August 2024.
6. The Defendants shall file and serve the Reply to Defence to Counterclaim (if applicable) and any supporting documents by no later than 4pm on 18 September 2024.
7. The Claimants and the Defendants shall provide the Registry, within 7 days from the date of this Order, with their availability for a Case Management Conference (“CMC”) to take place no later than 4 weeks after 18 September 2024.
8. The Claimants and the Defendants shall file and serve their Case Management Information Sheets no later than 7 days before the date of the CMC.
9. The Claimants shall file and serve an agreed Case Memorandum, agreed Case Management Bundle and agreed draft Order no later than 7 days before the date of the CMC. In the event that there are areas of disagreement in respect of the Case Memorandum and the draft Order, the Claimants shall file those documents no later than 4 days before the date of the CMC, outlining the areas of disagreement
10. Standard production of documents shall be made by each party by no later than 4pm 9 October 2024.
11. The parties shall file and serve any Requests to Produce 4pm 23 October 2024.
12. The parties shall file and serve any Objections to Requests to Produce, within 7 days of the date of the Requests to Produce 4pm 30 October 2024.
13. 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”). The usual timelines under RDC Part 23, for progression of such an application, will apply.
14. Where a Disclosure Order has been made, the parties shall comply with the terms therein within 14 days of the date of the Order.
15. Where there are no objections to a request contained within a Request to Produce, or the entirety of that Request to Produce, the responsive document(s) shall be produced within 14 days from the date of the Request to Produce by no later than 4pm on 6 November 2024.
16. The parties shall file and serve signed Witness Statements and hearsay notices where required by the RDC within 4 weeks of the close of the disclosure stage by no later than 4pm on 18 December 2024.
17. The parties shall file and serve any Reply Witness Statements within 3 weeks of the date of the Witness Statements by no later than 4pm on 8 January 2025.
18. The parties shall file and serve any Expert Report(s) (insofar an application has been made in accordance with RDC Part 23 and Part 31 and permission is granted for the same) within 3 weeks of the close of witness evidence. Any party seeking to rely on expert evidence should identify the proposed issue(s) for expert evidence and proposed identity of any proposed experts in their Case Management Information Sheet by no later than 4pm on 29 January 2025.
19. The Claimants and the Defendants shall file and serve any Supplemental Expert Report(s) (insofar as permission is granted for the same) within 4 weeks of the date of the initial Expert Report(s) by no later than 4pm on 26 February 2025.
20. A Pre-Trial Review shall be listed on a date to be determined at the CMC, to take place no later than 4 weeks before the hearing date.
21. The Claimants shall file and serve agreed trial bundles in accordance with Part 35 of the RDC no later than 4 weeks before the hearing date.
22. A single agreed reading list for the hearing, approved by all parties’ legal representatives, shall be filed by the Claimants no later than 5 clear days before the hearing, with an estimate of time required for reading.
23. The Claimants and the Defendants shall file and serve Skeleton Arguments no later than 5 clear days before the hearing.
24. The Claimants shall file an agreed Chronology of significant events cross-referenced to the documents in the bundle no later than 5 clear days before the hearing. In the event that there is disagreement, this is to be set out in a single document outlining the areas of disagreement.
25. Hearing to be listed on a date and for a duration to be determined
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 12 July 2024
At: 8am