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Claim No: CFI 091/2023

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

(1) ACCESS GROUP DWC LLC
(2) PROEX PARTNERS LIMITED

Claimants

and

BLS INTERNATIONAL FZE

Defendant

CASE MANAGEMENT ORDER OF H.E. JUSTICE NASSIR AL NASSER

UPON the Claimants’ Part 7 Claim Form dated 8 December 2023

AND UPON reading the Case Management Bundle

AND UPON reviewing the Rules of the DIFC Courts (the “RDC”)

AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at the Case Management Conference held before H.E. Justice Nassir Al Nasser on 27 August 2024

IT IS HEREBY ORDERED THAT:

Production of Documents (RDC Part 28)

1. Standard production of documents on all issues in the proceedings to be made by each party by no later than 4pm on Monday, 21 October 2024.

2. The parties are to file and serve any Requests to Produce, in relation to all issues in the proceedings, in the form of Redfern Schedules by no later than 4pm on Friday, 1 November 2024.

3. Objections to Requests to Produce (if any) shall be served and filed by no later than 4pm on Friday, 15 November 2024.

4. Where there are no objections to a particular Request contained in a Request to Produce, or the Request to Produce in its entirety, the responsive documents to that request shall be provided by no later than 4pm on Friday, 29 November 2024.

5. If a party is not satisfied with the objections to any Requests to Produce, it may apply to the Court for a Document Production Order immediately in accordance with Part 23 (the “DP Application”). The usual timelines under Part 23, for the progression of such an application, shall apply.

6. Once the DP Application is fully progressed, the matter will be put before the Court for a determination.

7. The parties shall comply with the terms of any Document Production Order and file a Document Production Statement (in accordance with Schedule B of Part 28) within 14 days of the date of any Document Production Order.

Alternative Dispute Resolution (RDC Part 27)

8. Without prejudice to the possibility of alternative dispute resolution at any appropriate time during the proceedings, the parties shall, following the closure of the document production phase and prior to the exchange of witness statements, give reasonable consideration to whether the case is capable of being amicably settled between the parties.

Witness Statements (RDC Part 29)

9. Signed statements of witnesses of fact, and hearsay notices where required by the RDC, shall be exchanged by no later than 4pm on Friday, 24 January 2025.

10. Any Witness Statement evidence in reply shall be filed and served by no later than 4pm on Friday, 14 February 2025.

11. Unless otherwise ordered, the Witness Statements shall stand as evidence in chief of the witnesses at trial.

Expert Reports (RDC Part 31)

12. Any party seeking permission to rely on expert evidence is to make an application for permission (jointly with the other party, or individually) under RDC 31.13.

13. The parties have permission to make submissions at trial in relation to foreign law in particular as to (i) UAE law and (ii) Spanish law.

Pre-Trial Review (RDC Part 26)

14. A Pre-Trial Review shall be listed to take place on Friday, 2 May 2025 at a time to be fixed by the Registry. The parties are to file no later than 3 clear working days before the hearing (preferably in agreed form): (i) a provisional list of issues for trial; and (ii) a draft trial timetable.

Trial Bundles (RDC Part 35)

15. Agreed trial bundles are to be completed in accordance with Part 35 of the RDC and filed with the Court by no later than 28 days before the start of the trial.

Reading List and Trial Timetable (RDC Part 35)

16. An agreed reading list (including an estimate of time required for reading) and an agreed trial timetable are to be filed with the Court by no later than 3 clear days before the start of trial.

Skeleton Argument and Chronology (RDC Part 35)

17. Skeleton Arguments shall be filed and served by way of simultaneous exchange seven days before trial.

Trial (RDC Part 35)

18. Subject to the Court’s availability, the trial of this matter shall be held on the first available date on or following 26 May 2025 with an estimated duration of 9 days.

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

20. The parties shall have liberty to apply.

Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 4 September 2024
At: 2pm