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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 LLC

Claimants

and

DR. KAMAL AKKACH

Defendant

AGREED CASE MANAGEMENT ORDER

UPON reviewing the Court file

AND UPON the parties agreeing the terms of this Order

IT IS HEREBY ORDERED BY CONSENT THAT:

CMC

1. The CMC listed on 1 October 2020 is vacated.

Split Trial

2. There shall be a split trial in this matter.

3. The issue of liability shall be determined first at a liability hearing, which shall determine all issues relating to the breaches of obligation alleged and the grant of final injunctive relief. For the purposes of this Order, references to the “Trial” are to the liability hearing and the directions from paragraphs 5 of this Order relate to the trial of the liability hearing only.

4. Following a determination on liability by the Court of First Instance or the Court of Appeal, as appropriate, further order(s) shall be made regarding a quantum hearing (if required), which shall determine all issues relating to loss, damage and all other non-injunctive relief claimed by the Claimants.

Agreed List of Issues

5. The agreed list of issues for Trial shall be in the form attached to this Order.

Production of Documents (RDC Part 28)

6. Standard production of documents shall be made by each party by no later than 4pm on 29 October 2020.

7. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 19 November 2020, each Request to be substantially in the form of a Redfern Schedule.

8. 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 26 November 2020.

9. Any application by any party for a Document Production Order pursuant to RDC 28.36 shall be made by 10 December 2020.

10. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that Request shall be produced within 2 weeks from the date of the Request to Produce, and in any event by no later than 4pm on 3 December 2020.

Witness Statements (RDC Part 29)

11. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged by no later than 4pm on 11 February 2021.

12. Any Witness Statement evidence in reply shall be filed and served by no later than 4pm on 11 March 2021.

13. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at Trial.

Progress Monitoring Date (RDC Part 26)

14. The Progress Monitoring Date shall be listed at 1pm on 18 March 2021.

15. The parties shall file and serve a Progress Monitoring Information Sheet by no later than 4pm on 15 March 2021.

Pre-Trial Review (RDC Part 26)

16. A pre-trial review shall be listed at 1pm on 25 March 2021 with a time estimate of 2 hours. The parties may by consent and with the agreement of the Registry vacate the pre-trial view in the event it is not required.

Trial Bundles (RDC Part 35)

17. Agreed trial bundles shall be filed and served no later than 3 weeks before Trial.

18. Any party who wishes to include in the trial bundle a document in a language other than English must ensure that a translation of the same is prepared and included in the trial bundle. If the translation is not agreed, the translation must indicate (in tracked changes) the disputed words or passages.

Reading List and Trial Timetable (RDC Part 35)

19. An agreed reading list for Trial along with an estimate of time required for reading and an estimated agreed timetable for Trial shall be filed with the Court by the Claimants no later 7 days before Trial.

Skeleton Argument and Chronology (RDC Part 35)

20. Skeleton Arguments shall be filed and exchanged by no later than 7 days before Trial.

21. 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 no later than 3 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.

22. The Claimants shall prepare and lodge with the Court a composite bundle of authorities referred to in both parties’ Skeleton Arguments no later than 2 days before Trial.

Trial (RDC Part 35)

23. The Trial of this matter shall be listed for the first available date after 8 April 2021 with an estimated duration of 5 days (to include half a day judicial pre-reading).

24. The parties shall liaise with the Registry forthwith to fix suitable dates for the Trial.

25. Costs of the Case Management Conference shall be costs in the case.

26. The parties shall have liberty to apply.

Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 21 September 2020
At: 2pm