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Claim No. CFI 095/2023

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

AHMED SEDDIQ MOHAMED SAMEA ALMUTAWA

Claimant

and

MOHAMED SEDDIQ MOHAMED SAMEA AL MUTAWA

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 (the “RDC”)

AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at the Case Management Conference hearing held before H.E. Justice Nassir Al Nasser on 25 July 2024

AND UPON the legal representatives of the Claimant and Defendant consenting to the proposal of the alternate dispute resolution, the Court has agreed that the parties are at a liberty to initiate alternative dispute resolution discussions at any time from 25 July 2024, but the alternative dispute resolution must be concluded by the 30 August 2024.

AND UPON the Claimant and the Defendant having agreed to the terms of this Order

IT IS HEREBY ORDERED BY CONSENT THAT:

Agreed List of Issues

1. An agreed list of issues and case memorandum will be filed with the Court by no later than 4pm GST on 18 July 2024. If the parties cannot agree, they will point out any areas of disagreement in those documents.

2. Adjacent to each paragraph of each skeleton argument shall be inserted the issue or issues to which that paragraph relates as numbered in the Agreed List of Issues, in order for the Court to understand to which of the agreed issues that paragraph relates.

Production of Documents (RDC Part 28)

3. Standard production of documents shall be made by each party by no later than 4pm GST on 2 September 2024.

4. The parties shall file and serve a Request to Produce, if any, by no later than 4pm GST on 16 September 2024.

5. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced by no later than 4pm GST on 30 September 2024.

6. Objections to Requests to Produce, if any, may be filed and served by 4pm GST on 30 September 2024.

7. 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 using the Part 23 Form (the “Document Production Application”), and in any event by no later than 4pm GST on 7 October 2024. The usual timelines under RDC 23, for progression of such an application, will apply.

8. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.

9. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 3 days from the date of the Order.

Witness Statements (RDC Part 29)

10. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged by no later than 4pm GST on 28 October 2024 following the close of the disclosure stage where no Document Production Application has been made pursuant to paragraph 7 above, and by no later 4pm GST on 11 November 2024 where a Document Production Application has been made subject to any Disclosure Order.

Expert Reports (RDC Part 31)

11. If a party wishes to rely on experts, it may apply to the Court for permission using the Part 23 Form, by no later than 4pm GST on 15 November 2024. The DIFC Courts shall, at the Pre-Trial Review, consider what directions to give concerning a meeting and discussion between experts.

Pre-Trial Review (RDC Part 26)

12. A pre-trial review shall be listed on 12 December 2024, being within the normal range of 4 to 8 weeks before trial.

Trial Bundles (RDC Part 35)

13. Agreed trial bundles shall be filed and served no later than 2 weeks before trial and in any event by no later than 4pm GST on 28 January 2025.

Reading List and Trial Timetable (RDC Part 35)

14. 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 four clear days before trial and in any event by no later than 4pm GST on 6 February 2025.

Skeleton Argument and Chronology (RDC Part 35)

15. Skeleton Arguments and Written Opening Statements shall be filed and served four clear days before the start of trial for the Claimant and in any event by no later than 4pm GST on 6 February 2025 and three clear days before the start of trial for the Defendant and in any event by no later than 4pm GST on 7 February 2025.

16. 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 by no later than 4pm GST on 27 January 2025.

17. 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)

18. The trial of this matter shall be listed at 11am GST on 11 February 2025 with an estimated duration of two 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: 5 August 2024
At: 11am