December 23, 2020 court of first instance - Orders
Claim No: CFI 091/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) DARIO COSTANTINO SPALLONE
(2) MATTIA BODINI
Claimants
and
ALESSANDRO PEDERSOLI
Defendant
AGREED CASE MANAGEMENT ORDER
AND UPON these proceedings having been stayed until 28 December 2020 by paragraph 1 of the Consent Order dated 24 September 2020 to allow the parties to try and settle the dispute
AND UPON the parties having not settled the claim
AND UPON the parties agreeing the terms of this order and such that directions may be given without a Case Management Hearing
BY CONSENT IT IS ORDERED THAT:
Production of Documents (RDC Part 28)
1. Standard production of documents shall be made by each party by 4pm on 28 January 2021.
2. The parties shall file and serve any Requests to Produce (“RTP”) by 4pm on 7 February 2021. The use of Redfern Schedules is encouraged.
3. Objections to RTPs (if any) shall be filed and served by the parties by no later than 4pm on 18 February 2021.
4. Where there are no objections to a particular Request contained in a RTP, the parties are to produce documents responsive to that Request by 4pm on 25 February 2021.
5. Any application by a party for a Document Production Order pursuant to RDC 28.36 shall be made by 11 March 2021.
Witness Statements (RDC Part 29)
6. Signed Witness Statements of fact and hearsay notices where required shall be filed and served by the parties by 4pm on 15 April 2021.
7. Any Witness Statement evidence in reply to be filed and served by 4pm on 6 May 2021.
8. Unless otherwise ordered, Witness Statements shall stand as the evidence in chief of the witnesses at trial.
Progress Monitoring and Pre-Trial Review (RDC Part 26)
9. The Progress Monitoring Date shall be 13 May 2021. The parties shall file Progress Monitoring Information Sheets at least 3 days before the Progress Monitoring Date.
10. A pre-trial review hearing shall be listed with a time estimate of 2 hours and not before 27 May 2021. The parties may by consent and with the agreement of the Registry vacate the pre-trial review hearing in the event it is not required.
Trial Bundle (RDC Part 35)
11. The Claimants shall prepare, serve and lodge with the Court an agreed trial bundle prepared in accordance with RDC Part 35 by no later than 2 weeks before the trial.
12. 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 to be included in the trial bundle. If the translation is not agreed, the translation must indicate (in tracked changes) the disputed words or passages.
Skeleton Arguments, Readings List and Chronology (RDC Part 35)
13. The parties shall prepare and, insofar as possible, agree:
a. a reading list;
b. a chronology of significant events (cross-referenced to documents, pleadings and witness statements); and
c. a timetable for trial.
14. The reading list, chronology and timetable shall be filed with the Court one week before trial.
15. Skeleton arguments shall be exchanged between the parties and lodged with the Court three days before the trial.
16. The Claimants shall prepare, serve and lodge with the Court a composite bundle of legal authorities referred to in the parties’ skeleton arguments two days before the trial.
Trial (RDC Part 35)
17. The trial shall take place at a hearing to be listed with a time estimate of 3 days plus half a day judicial pre-reading and not before 20 June 2021.
Fixing of hearings
18. The parties shall liaise with the Court Registry forthwith to fix suitable dates for the hearing of the pre-trial review and the trial.
Costs
19. Costs in the case
Liberty to apply
20. The parties have liberty to apply.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of issue: 23 December 2020
At: 1pm
