February 28, 2021 court of first instance - Orders
Claim No: CFI 101/2020 and CFI 102/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
FTI CONSULTING GULF LIMITED
Claimant in CFI-101-2020 and CFI-102-2020
and
PAUL WALKER
Defendant in CFI-101-2020
and
MUTHMAINUR RAHMAN
Defendant in CFI-102-2020
CONSENT ORDER
UPON the parties having filed the following applications:
a) the Claimant’s application for interim relief dated 20 January 2021 in Claim No. CFI-101-2020 and the Claimant’s application for interim relief dated 26 January 2021 in Claim No.CFI-102-2020 (the “Claimant’s Interim Relief Applications”);
b) the Claimant’s application dated 20 January 2021 in Claim No. CFI-101-2020 for permission to amend its Claim Form and Particulars of Claim (the “Claimant’s Amendment Application”);
c) the application of the Defendant in CFI-101-2020 dated 28 January 2021 for an expedited trial; and
d) the Claimant’s applications dated 01 February 2021 in both Claim No. CFI-101-2020 and Claim No. CFI-102-2020 for:
i. permission for the Claimant to amend its Claim Form and Particulars of Claim in Claim No. CFI-101-2020 and directions for the filing of further pleadings;
ii. expedited directions for the Claimant’s Interim Relief Applications and for trial; and
iii. Claim No. CFI-101-2020 and Claim No. CFI-102-2020 to be case managed and tried together
AND UPON the agreement of the parties
IT IS HEREBY ORDERED BY CONSENT THAT:
1. Claim numbers CFI-101-2020 and CFI-102-2020 shall be tried and case managed together.
2. The following directions shall apply to the hearing of the Claimant’s Interim Relief Applications:
2.1. the Defendants shall file and serve evidence in answer to the Claimant’s Interim Relief Application by 4pm on 16 February 2021 (which has taken place);
2.2. the Claimant shall file and serve evidence in reply to the Defendants’ evidence (if any) by 4pm on 23 February 2021 (which has taken place); and
2.3. a hearing of two days shall be listed on 8 and 9 March 2021 to determine the question of what, if any, interim relief the Claimant is entitled to under the restrictive covenants pending an expedited trial and in particular (but without limitation) to determine the proper construction of the non-compete clause.
3. The following directions shall apply to the case management and trial of cases CFI101-2020 and CFI-102-2020:
3.1. the Claimant is permitted to amend its Claim Form and Particulars of Claim in the form attached to the Claimant’s Amendment Application;
3.2. the Claimant shall file and serve Amended Particulars of Claim by no later than 4pm on 7 February 2021 (which has taken place);
3.3. each of the Defendants shall file and serve their Defences (and any Counterclaim) to the Amended Particulars of Claim in the respective claims by no later than 4pm on 23 February 2021 (which has taken place);
3.4. the Claimant shall file and serve its Reply (if any) in each claim by 9 March 2021;
3.5. standard production of documents shall be made by each party by 4pm on 30 March 2021;
3.6. signed witness statements of fact and hearsay notices (where required) shall be filed and served by 4pm on 3 May 2021;
3.7. trial bundles are to be filed and served by the Claimant by 4pm on 17 May 2021;
3.8. skeleton arguments are to be filed and served by the Claimant and Defendant by 4pm on 23 May 2021; and
3.9. the trial is to be expedited and to commence in the week of 30 May 2021, with an estimate of five days.
4. Liberty to apply.
5. Costs in the case.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 28 February 2021
At: 1.30pm
