March 22, 2022 court of first instance - Orders
Claim No. CFI 080/2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MUZOON HOLDING LLC
Claimant
and
ARIF NAQVI
Defendant
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 Claimant and Counsel for the Defendant at the Case Management Conference held before Registrar Nour Hineidi on 9 March 2022
IT IS HEREBY ORDERED THAT:
Production of Documents (RDC Part 28)
1. Standard production of documents shall be dispensed with.
2. Each party shall make any specific disclosure requests in terms of RDC 28.16 by way of lists of documents by 4pm on 30 April 2022.
3. In respect of each such request, the requesting party shall explain why they believe the documents to be in the possession of the other party and the relevance of those documents to the issues in dispute.
4. Any party served with such a request shall (i) provide a response to include any objection to such a request within 14 days of the date of the request; (ii) produce documents responsive to the request, if not objection has been raised, within 21 days of the date of the request.
5. There be liberty to apply in relation to any dispute arising out of any objection taken in relation to any specific disclosure requests.
6. If a party is not satisfied with the objections to any Requests to Produce1 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 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. There shall be simultaneous exchange of Witness Statements in support of the Claimant’s case and the Defendant’s case at 4pm on 30 June 2022.
10. Any Witness Statement evidence in reply shall be filed and served by 4pm within 14 days thereafter.
11. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Progress Monitoring Date (RDC Part 26)
12. The Progress Monitoring Date shall be listed on or around 10 August 2022, on a date convenient to the Court.
13. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before progress monitoring date and by 4pm on the due date.
Trial Bundles (RDC Part 35)
14. The Claimant shall file and serve agreed e-bundles no later than 2 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 Claimant no later than five clear days before trial and by 4pm on the due date.
Skeleton Argument and Chronology (RDC Part 35)
16. Skeleton Arguments and Written Opening Statements shall be simultaneously filed and served five clear days before the start of trial and by 4pm on the due date.
17. 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 five days before the start of the trial and by 4pm on the due date. 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 be listed on or around 30 September 2022, on a date convenient to the Court, with an estimated duration of 2 days.
19. Costs of the Case Management Conference are costs in the case.
20. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 22 March 2022
At: 3.45pm
