March 22, 2022 court of first instance - Orders
Claim No. CFI 087/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) HEALTH BAY INVESTMENT IN HEALTHCARE ENTERPRISES & DEVELOPMENT LLC
(2) ANGLO ARABIAN HEALTHCARE INVESTMENTS – SOLE PROPRIETORSHIP LLC (formerly ANGLO ARABIAN HEALTHCARE INVESTMENTS LLC)
Claimants
and
DR. KAMAL AKKACH
Defendant
CONSENT ORDER
UPON the Agreed Case Management Order dated 21 September 2020 setting out a timetable in respect of this matter (the “ACM Order”)
AND UPON the Consent Orders dated 6 December 2020, 15 December 2020, 11 January 2021, 28 January 2021, 11 February 2021 and 23 February 2021, 30 May 2021 (the “May Consent Order”), 1 July 2021, 22 August 2021 (the “August Consent Order”) which amended certain Consent Orders and the ACM Order, and 4 October 2021 (the “October Consent Order”)
AND UPON the listing of the trial from 5 December 2022 for a duration of 5 days by the DIFC Courts’ Registry by way of email dated 31 January 2022
AND UPON THE AGREEMENT of the Claimants and the Defendant
BY CONSENT IT IS ORDERED THAT:
1. This Consent Order (the “March 2022 Consent Oder”) supersedes all previous orders from this Court in relation to the directions which are made herein.
Witness Statements (RDC Part 29)
2. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged by 3pm on 4 July 2022.
3. Any Witness Statement evidence in reply shall be filed and served by 3pm on 15 August 2022.
4. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at Trial.
Progress Monitoring Date (RDC Part 26)
5. The Progress Monitoring Date shall be listed at 1pm on 27 October 2022
6. The parties shall file and serve a Progress Monitoring Information Sheet by 4pm on 24 October 2022.
Pre-Trial Review (RDC Part 26)
7. A pre-trial review shall be listed at 1pm on 31 October 2022 with a time estimate of 2 hours. The parties may by consent and with the agreement of the Registry vacate the pre-trial review in the event it is not required.
Trial Bundles (RDC Part 35)
8. Agreed trial bundles shall be filed and served by 3pm on 19 September 2022.
9. Agreed e-bundles shall be filed by 3pm on 24 October 2022.
Reading List and Trial Timetable (RDC Part 35)
10. 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 Claimants, by 4pm on 28 November 2022.
Skeleton Argument and Chronology (RDC Part 35)
11. Skeleton Arguments and Written Opening Statements shall be filed and exchanged by 3pm on 14 November 2022.
12. 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 Claimants, by 4pm on 14 November 2022. 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.
13. The Claimants shall prepare and lodge with the Court a composite bundle of authorities referred to in both parties’ Skeleton Arguments by 4pm on 1 December 2022.
Trial (RDC Part 35)
14. The Trial of this matter is listed at the Court of First Instance on 5 December with an estimated duration of 5 days (to include half a day judicial pre-reading)
15. The costs of this Order shall be costs in the case.
Issued by:
Nour Hineidi
Registrar
Date of issue: 22 March 2022
At: 9.30am
