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Claim No: TCD 009/2020

THE DUBAI INTERNATIONAL FINANCIAL CENTRE

IN THE COURT OF FIRST INSTANCE

BETWEEN

FIVE REAL ESTATE DEVELOPMENT LLC

Claimant / Defendant to Counterclaim

and

REEM EMIRATES ALUMINIUM LLC

Defendant / Claimant to Counterclaim

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 (“RDC”)

AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at the Case Management Conference held before Justice Nasser Al Nasser on 17 November 2021

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) and skeleton argument shall be inserted the issue or issues to which that paragraph relates as numbered in the Agreed List of Issues (or if no list of issues has been agreed by 8 December 2021, the party’s respective list of issues), in order for the Court to understand to which of the issues that paragraph relates.

Consolidation of TCD-009-2020 and TCD-003-2021

2. The Registrar shall take all administrative steps to consolidate these proceedings and TCD-003-2021, into a single proceeding, using this proceeding number “TCD-009-2020”. For the avoidance of doubt, this Case Management Order will apply to both cases which shall now jointly bear case number “TCD-009-2020”.

Production of Documents (RDC Part 28)

3. Standard production of documents shall be made by each party by 4pm on 10 January 2022.

4. The parties shall file and serve a Request to Produce¹ , if any, by 4pm on 24 January 2022.

5. Objections to Requests to Produce, if any, shall be filed and served by 4pm on 31 January 2022.

6. Where objections to any Requests to Produce² have been made, the Court shall determine those objections and shall make any disclosure order within the following 7 days and in any event by 14 February 2022.

7. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days thereafter.

8. 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.

Witness Statements (RDC Part 29)

9. Witness Statements in support of the Claimant’s case shall be submitted by 4pm on 15 March 2022 and Witness Statements in support of the Defendant’s case shall be submitted by 4pm on 15 March 2022.

10. Any Witness Statement evidence in reply shall be filed and served within 2 weeks thereafter and in any event by 4pm on 29 March 2022.

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 4pm on 5 April 2022.

13. Supplemental Expert Reports shall be filed and served by 4pm on 19 April 2022.

14. The DIFC Courts shall, at the Pre-Trial Review, consider what directions to give concerning a meeting and discussion between experts.

Progress Monitoring Date (RDC Part 26)

15. The Progress Monitoring Date shall be listed at 10am on 13 April 2022.

16. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before progress monitoring date and in any event by 4pm on 10 April 2022.

Pre-Trial Review (RDC Part 26)

17. A pre-trial review shall be listed at 10am on 18 May 2022, being within the normal range of 4 to 8 weeks before trial.

Trial Bundles (RDC Part 35)

18. Agreed trial bundles shall be filed and served no later than 2 weeks before trial and in any event by 4pm on 12 June 2022.

Reading List and Trial Timetable (RDC Part 35)

19. 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 two clear days before trial and in any event by 4pm on 22 June 2022.

Skeleton Argument and Chronology (RDC Part 35)

20. Skeleton Arguments and Written Opening Statements shall be filed and served two clear days before the start of trial for the Claimant and in any event by 4pm on 22 June 2022 and one clear day before the start of trial for the Defendant and in any event by 4pm on 23 June 2022.

21. 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 4pm on 19 June 2022. 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)

22. The trial of this matter shall be listed at 10am on 26 June 2022 with an estimated duration of 5 days.

23. Costs of the Case Management Conference shall be costs in the case.

24. The parties shall have liberty to apply.

Issued by:
Nour Hineidi
Registrar
Date of Issue: 18 November 2021
At: 2.30pm