March 27, 2024 court of first instance - Orders
Claim No. CFI 087/2022
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE
COURT OF FIRST INSTANCE
BETWEEN
(1) R.E. LEE INTERNATIONAL (MIDDLE EAST) LIMITED
(2) R.E. LEE INTERNATIONAL (CAYMAN) LIMITED
Claimants
and
IMRAN KHAN
Defendant
CASE MANAGEMENT ORDER OF H.E. JUSTICE NASSIR AL NASSER
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 Claimants and Counsel for the Defendant at the Case Management Conference held before H.E. Justice Nassir Al Nasser on 29 February 2024
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 15 March 2024.
2. The parties shall file and serve a Request to Produce1, if any, by no later than 4pm on 29 March 2024.
3. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 14 days from the date of the Request to Produce, and in any event by no later than 4pm on 12 April 2024.
4. Objections to Requests to Produce, if any, may be filed and served by 4pm on 12 April 2024.
5. If a party is not satisfied with the objections to any Requests to Produce2 it may apply to the Court for a Document Production Order immediately using the Part 23 Form (the “Document Production Application”). The usual timelines under RDC 23, for progression of such an application, will apply.
6. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.
7. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days from the date of the Order.
Witness Statements (RDC Part 29)
8. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged by no later than 4pm on 24 May 2024.
9. Any Witness Statement evidence in reply shall be filed and served within 14 days thereafter and in any event by no later than 4pm on 7 June 2024.
10. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
11. Each party shall have permission to rely on the report of an expert only in respect of the valuation of losses/damages claim advanced by the Claimants.
(a) Claimants shall file and serve expert report by no later than 4pm on 5 July 2024.
(b) Defendant shall file and serve expert report by no later than 4pm on 2 August 2024.
(c) The experts shall meet to hold discussions in accordance with RDC 31.58 by 16 August 2024. Such meetings may be remote, by video-conferencing facilities
(d) The experts shall prepare and file a joint memorandum pursuant to RDC 31.63 by 4pm on 23 August 2024; and
(e) Reply reports, confined to areas of disagreement, shall be served by 4pm on 6 September 2024.
Progress Monitoring Date (RDC Part 26)
12. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before Pre-Trial Review.
Pre-Trial Review (RDC Part 26)
13. A pre-trial review shall be listed in the week commencing 2 September 2024 with a time estimate of 2 hours.
Trial Bundles (RDC Part 35)
14. Agreed trial bundles shall be filed and served no later than 4 weeks before trial and in any event by no later than 4pm on 25 October 2024.
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 seven clear days before trial.
Skeleton Argument and Chronology (RDC Part 35)
16. Skeleton Arguments shall be filed and exchanged simultaneously by 7 days before the start of trial.
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 7 days before the start of trial.
18. 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 in the week commencing 25 November 2024 with an estimated duration of three days with one day in reserve.
20. Costs of the Case Management Conference shall be costs in the case.
21. The parties shall have liberty to apply.
Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 27 March 2024
Time: 1pm
