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CFI 009/2009 – Order

CFI 009/2009 – Order

August 23, 2009

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Claim No: CFI 009/2009

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

IN THE COURT OF FIRST INSTANCE

BETWEEN

MICHAEL LAUGHLIN KILLIAN Claimant
-and-DUBAI AEROSPACE ENTERPRISE (DAE) LIMITED Defendant

ORDER OF JUSTICE SIR JOHN CHADWICK MADE ON 17 AUGUST 2009

UPON hearing Counsel for the Claimant and the Defendant at the case management conference

AND UPON reading the documents contained in the case management bundle

IT IS ORDERED that:

Pleadings

1. Paragraph 17 of the Particulars of Claim be struck out.

 

2. By no later than 4.00pm on Monday 31 August 2009, the Claimant shall amend its Particulars of Claim in respect of a pro-rated payment of return business class tickets for the year 2009 and in respect of the strike out of paragraph 17 of the Particulars of Claim.

 

3. By no later than 4.00pm on Monday 31 August 2009, the Claimant to serve a reply to the Defendant stating which matters in paragraph 7, including sub-paragraphs 7.1 to 7.5 of the Defence are in issue.

 

4. By no later than 4.00pm on Monday 7 September 2009, the Defendant shall amend its Defence (if necessary) in response to the amended Particulars of Claim.

 

Production of Documents

5. By no later than 4pm on Monday, 24 August 2009, a copy of any audio recording on which the Claimant intends to rely, be delivered to Al Tamimi & Company.

 

6. By no later than 4pm on Tuesday, 15 September 2009, each party shall submit to the other, by way of list and copy documents, all documents available to it upon which it relies, including public documents and those in the public domain, except for any documents that have already been submitted by another party.

 

7. By no later than 4pm on Monday, 28 September 2009, each party shall submit to the other, by way of list and copy documents, all documents requested in Response One of the Case Management Information Sheets prepared by the Claimant and by the Defendant, which are in the parties’ possession, custody or control and to which no objection is made to their disclosure.

 

Witness Evidence

8. The parties shall exchange witness statements by no later than 4pm on Wednesday, 30 September 2009.

 

9. The parties be at liberty to exchange a second round of witness statements by no later than 4pm on Thursday, 15 October 2009.

 

Justice by Reconciliation

10. On or before Monday, 7 September 2009 the parties shall exchange lists of 3 neutral individuals who are available to conduct justice by reconciliation procedures in this case prior to 29 October 2009.

 

11. On or before Monday, 21 September 2009 the parties shall in good faith endeavour to agree a neutral individual so exchanged and provided.

 

12. Failing such agreement by Monday, 21 September 2009 the Case Management Conference shall be restored to enable the Court to facilitate agreement on a neutral individual.

 

13. The parties shall take such serious steps as they may be advised to resolve their disputes by justice by reconciliation procedures before the neutral individual so chosen by no later than Thursday 29 October 2009.

 

Hearing

14. The trial of this case shall be no more than five days, to be listed on the first open date after 1 December 2009.

 

15. The parties shall agree the trial bundles no later than 21 days before the date fixed for the first day of trial.

 

16. The Claimant shall lodge with the Court Listing Office the full set of trial bundles no later than 14 days before the date fixed for the first day of trial.

 

Costs

17. The costs of this hearing be in the case.
Mark Beer
Registrar
Date of Issue: 23 August 2009
At: 3pm
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