June 22, 2021 Technology and construction division - Orders
Claim No. TCD 001/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
HUOBI OTC DMCC
Claimant
and
(1) TABARAK INVESTMENT CAPITAL LIMITED
(2) MR CHRISTIAN THURNER
Defendants
AMENDED CASE MANAGEMENT ORDER OF JUSTICE SIR RICHARD FIELD
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (“RDC”)
AND UPON hearing Counsel for the Claimant and Counsel for the First Defendant and the Second Defendant in person at the Case Management Conference held before Justice Sir Richard Field on 1 February 2021
AND UPON considering the Second Defendant’s application dated 24 March 2021 for, inter alia, permission under RDC Part 20 to join Evgeniy Morozov (“Mr Morozov”) and Navarcon s.r.o. (“Navarcon”) as, respectively, the Third and Fourth Defendants in these proceedings (the “Permission Application”)
AND UPON the Order with Reasons of Justice Sir Richard Field dated 3 June 2021 dismissing the Permission Application
AND UPON the Consent Orders of 9 May 2021 in respect of the Second Defendant’s application for an extension of time to file and serve his Defence (the “Extension Application”) and 7 June 2021 whereby the parties agreed to stay the Case Management Order issued on 7 February 2020 pending determination of the Permission Application and the Extension Application
IT IS HEREBY ORDERED THAT:
Defence and Reply
1. The Second Defendant shall file any Defence by 4pm on 2 April 2021.
2. The Claimant shall file any Reply to the Second Defendant’s Defence by 4pm on 24 June 2021.
Production of Documents
3. Standard production of documents shall be made by each party by 4pm on 8 July 2021.
4. The parties shall file and serve a Request to Produce, if any, by 4pm on 15 July 2021, substantially in the form of a Redfern Schedule.
5. Objections to Requests to Produce, if any, shall be filed and served within 14 days thereafter and in any event by 4pm on 5 August 2021.
6. Any application by any party for a Document Production Order pursuant to RDC 28.36 shall be made by 4pm on 19 August 2021.
7. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced by 4pm on 5 August 2021.
Witness Statements
8. Signed statements of witnesses of fact, and hearsay notices where required by the RDC, shall be exchanged by 4pm on 30 September 2021.
9. Any Witness Statement evidence in reply shall be filed and served by 4pm on 28 October 2021.
10. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports
11. Each party shall have permission to rely on the report of an expert in the field of cryptocurrency transactions, including their transfer, storage and value.
12. In respect of any expert evidence permitted under paragraph 11:
(1) Each party shall notify the Court and the other parties by 4pm on 5 August 2021 of the name and contact details of their appointed expert;
(2) The experts shall meet to hold discussions in accordance with RDC 31.58. Such meetings may be remote, by video-conferencing facilities. The experts shall exchange agendas with a view to agreeing an agenda no later than 7 days before their first meeting;
(3) The experts shall prepare and file a joint memorandum pursuant to RDC 31.63 by 4pm on 14 October 2021;
(4) Expert reports, confined to areas of disagreement, shall be served by 4pm on 4 November 2021.
Pre-Trial Review
13. A pre-trial review shall be listed on the first available date after 8 November 2021, with a time estimate of 1 hour. The parties shall provide the Court with dates to avoid in November 2021 by 4pm on 1 July 2021.
Trial Preparation
14. Agreed trial bundles shall be filed and served no later than 4 weeks before trial.
15. No later than 7 days before trial, the parties shall agree and the Claimant shall file:
(1) An agreed reading list for trial along with an estimate of time required for reading and an estimated timetable for trial; and
(2) An agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements. In the event that there are areas of disagreement on the Chronology, the Chronology shall include the disputed events, with the parties' respective positions outlined therein.
16. Skeleton Arguments shall be filed and exchanged 7 days before trial.
Trial
17. The Trial of this matter shall be listed to commence on the first available date after 22 November 2021 and no less than 14 days after the pre-trial review, time estimate 4 days, with 1 day held in reserve. The parties shall provide the Court with their dates to avoid in November and December 2021 by 4pm on 1 July 2021.
Costs
18. Costs of the Case Management Conference shall be costs in the case.
19. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of issue: 22 June 2021
At: 10am
