February 26, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 106/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
BAM HIGGS AND HILL LLC
Claimant
and
(1) AFFAN INNOVATIVE STRUCTURES LLC
(2) AMER AFFAN
Defendants
CONSENT 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 Parties seeking a rescheduling of the Hearing
AND UPON further comment from the Court regarding the timing of the Hearing
AND UPON the Claimant and the Defendants having agreed the terms of this revised Order
IT IS HEREBY ORDERED BY CONSENT THAT:
Agreed List of Issues
1. Adjacent to each paragraph of each witness statement, reply witness statement (if any), expert report, reply expert report, joint expert report 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)
2. Standard production of documents shall be made by each party by no later than 4pm on 13 October 2023.
3. The parties shall file and serve a Request to Produce, if any, in the form of a Redfern Schedule, by no later than 4pm on 29 September 2023.
4. 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 13 October 2023.
5. Objections to Requests to Produce, if any, may be filed and served by no later than 4pm on 13 October 2023.
6. 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.
7. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.
8. 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)
9. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 5 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 15 December 2023.
10. Any Witness Statement evidence in reply shall be filed and served by no later than 4pm on 26 April 2024.
11. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
12. Expert Reports shall be filed and served by no later than 4pm on 17 May 2024.
13. Supplemental Expert Reports shall be filed and served by no later than 4pm on 5 July 2024.
14. The appointed Expert(s) of like discipline shall meet one another (either in person or virtually) to discuss their respective Expert Reports and the issues discussed therein for the purpose of preparing a Joint Expert Minute (“Joint Minute”) setting out the areas of agreement and disagreement by no later than 4pm on 19 July 2024.
15. The appointed Expert(s) shall file their Joint Minute(s) by no later than 4pm on 2 September 2024.
Pre-Trial Review (RDC Part 26)
16. A pre-trial review shall be listed at 2pm on 19 September 2024, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
17. Agreed trial bundles shall be filed and served no later than 4pm on 20 September 2024.
Reading List and Trial Timetable (RDC Part 35)
18. 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 4pm on 14 October 2024.
Skeleton Arguments and Chronology (RDC Part 35)
19. Skeleton Arguments and/or Written Opening Statements shall be filed and served for the Claimant no later than 4pm on 7 October 2024 and for the Defendants by no later than 4pm on 14 October 2024.
20. 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 on 17 October 2024. 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)
21. The trial of this matter shall be listed to commence at 10am on 21 October 2024, estimated to conclude on 30 October 2024, with 31 October and 1 November 2024 to be kept in reserve.
22. Costs of the Case Management Conference shall be costs in the case.
23. The parties shall have liberty to apply.
Issued by:
Hayley Norton
Assistant Registrar
Date of Issue: 26 February 2024
At: 9am
