April 24, 2019 court of first instance - Orders
Claim No: CFI-084-2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE JUDICIAL OFFICER MAHA AL MEHAIRI
BETWEEN
MOHAMMED ZAHID ASLAM
and
(1) SDI CAPITAL LIMITED
(2) SDI CAPITAL HOLDINGS LIMITED
Defendants
CASE MANAGEMENT ORDER OF JUDICIAL OFFICER MAHA AL MEHAIRI
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 Defendants at the Case Management Conference held before Judicial Officer Maha Al Mehairi on 28 February 2019
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 31 March 2019.
2. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 7 April 2019.
3. Objections to Requests to Produce, if any, shall be filed and served within 7 days thereafter and in any event by no later than 4pm on 14 April 2019.
4. Where objections to any Requests to Produce have been made, the Court shall determine those objections and shall make any Disclosure Order within the following 7 days and in any event by no later than 4pm on 21 April 2019.
5. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 7 days thereafter and in any event by no later than 4pm on 28 April 2019.
6. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 7 days from the date of the Request to Produce, and in any event by no later than 4pm on 14 April 2019.
Witness Statements (RDC Part 29)
7. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 4 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 26 May 2019.
8. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Progress Monitoring Date (RDC Part 26)
9.The Progress Monitoring Date shall be listed at [ ] on 09 June 2019.
10. 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 04 June 2019.
Trial Bundles (RDC Part 35)
15. Agreed trial bundles shall be filed and served no later than 2 weeks before trial and in any event by no later than 4pm on 23 June 2019.
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 three clear days before trial and in any event by no later than 4pm on 2 July 2019.
Skeleton Argument and Chronology (RDC Part 35)
17. Skeleton Arguments and Written Opening Statements shall be filed and served three clear days before the start of trial for the Claimant and in any event by no later than 4pm on 2 July 2019 and two clear day before the start of trial for the Defendant and in any event by no later than 4pm on 3 July 2019.
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 by no later than 4pm on 3 July 2019. 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 at 10am on 7 July 2019.
20. Costs of the Case Management Conference shall be costs in the case.
21. The parties shall have liberty to apply.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 24 April 2019
At: 8am
