July 07, 2023 court of first instance - Orders
Claim No. CFI 105/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) AJIAL NATIONAL EDUCATION COMPANY K.S.C.C
(2) TALAL KHALIFA TALAL AL JERI
Claimants
and
(1) THE SECURITIES HOUSE COMPANY
(2) STELLAR EDUCATIONAL SERVICE CO. /RAZAN HAMAD
ALHAMAD & PARTNERS
(3) FIRST KUWAITI FOR EDUCATION HOLDING COMPANY W.L.L
Defendants
CONSENT ORDER
UPON the Consent Case Management Order of H.E. Justice Nassir Al Nasser issued on 6 January 2023 (the “CM Order”).
AND UPON the parties’ agreement to amend the CM Order in accordance with the terms of the Consent Order issued on 1 March 2023, 6 March 2023, 30 March 2023 and 7 April 2023, 2 May and 12 May 2023 respectively.
AND UPON the parties' agreement to the terms of this Order
IT IS HEREBY ORDERED BY CONSENT THAT:
1. Paragraph 16 of the CM Order shall be further amended in the manner shown in Annexure 1 to this Order (“ANNEXURE 1”).
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 7 July 2023
At: 2pm
ANNEXURE 1
Claim No: CFI 105/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
AJIAL NATIONAL EDUCATION COMPANY K.S.C.C
First Claimant
TALAL KHALIFA TALAL AL JERI
Second Claimant
and
THE SECURITIES HOUSE COMPANY
First Defendant
STELLAR EDUCATIONAL SERVICE CO. /RAZAN HAMAD ALHAMAD & PARTNERS
Second Defendant
FIRST KUWAITI FOR EDUCATION HOLDING COMPANY W.L.L
Third Defendant
CONSENT CASE MANAGEMENT ORDER
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (“RDC”)
AND UPON the Defendants having pleaded at paragraphs 7 (a) and (b) of their Defence (dated 13 September 2022) that:
(a) Following a merger with The Securities House Company, the First Defendant is now known as The Securities House Company, a Kuwait shareholding company established and registered under the laws of the State of Kuwait with commercial registration number 32951 and with its registered office at Al Imtiaz Investment Group, Floor 18, Sharq, Kuwait; and
(b) Following a corporate name change, the Second Defendant is now known as Stellar Educational Services Co. / Razan Hamad Alhamad & Partners whose registered address is Jamal Nail Hamad Aldabous, Unit 2, Floor 1, Beirut Street, Kuwait.
AND UPON the Parties' agreement to the terms of this Order.
IT IS HEREBY ORDERED BY CONSENT THAT:
Action Heading
1. The Title of the action be amended so that:
a. the First Defendant be shown as The Securities House Company; and
b. the Second Defendant be shown as Stellar Educational Services Co. / Razan Hamad Alhamad & Partners.
Agreed List of Issues
2. Adjacent to each paragraph of each witness statement, reply witness statement (if any) and 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 on Monday, 30 January 2023.
4. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on Friday, 10 February 2023.
5. 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 Monday, 6 March 2023.
6. Objections to Requests to Produce, if any, may be filed and served by no later than 4pm on Monday, 6 March 2023.
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”). 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 14 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 on Friday, 14 April 2023.
11. Any Witness Statement evidence in reply shall be filed and served by no later than 4pm on Wednesday, 3 May 2023.
12. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
13. Expert Reports shall be filed and served by no later than 4pm on Friday, 26 May 2023.
14. Supplemental Expert Reports on matters of Kuwaiti law shall be filed and served by no later than 4pm on Friday, 9 June 2023. Supplemental Expert Reports on matters of quantum shall be filed and served by no later than 4pm on Friday, 16 June 2023.
A meeting between the parties' respective Experts to take place by no later than Friday, 23 June 2023.
16. The joint Expert Report on matters of quantum shall be filed by no later than 4pm on Friday 7 July 2023. The joint Expert Report on matters of Kuwaiti law shall be filed by no later than 4pm on Monday 10 July 2023.
17. Each party is permitted to call one expert in each of the fields of (a) accounting and quantum issues and (b) Kuwaiti law (including, for the avoidance of doubt, regulatory requirements).
Progress Monitoring Date (RDC Part 26)
18. The Progress Monitoring Date shall be listed at 10am on Friday, 9 June 2023.
19. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before the Progress Monitoring Date and in any event by no later than 4pm on Monday, 5 June 2023.
Pre-Trial Review (RDC Part 26)
20. A pre-trial review shall be listed on dates to be determined by the Court, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
21. Agreed trial bundles shall be filed and served by no later than 4pm on Monday, 17 July 2023.
Reading List and Trial Timetable (RDC Part 35)
22. 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 by no later than Wednesday, 26 July 2023.
Skeleton Argument and Chronology (RDC Part 35)
23. Skeleton Arguments and Written Opening Statements shall be filed and exchanged simultaneously by no later than 4pm on Monday, 24 July 2023.
24. 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 on dates determined by the Courts following the determination of the trial date. 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)
25. The trial of this matter shall be listed, from 12 pm on Monday, 31 July 2023 to Friday 4 August 2023.
26. Costs of the Case Management Conference shall be costs in the case.