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CFI 014/2009 – Order

CFI 014/2009 – Order

August 26, 2009

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Claim No: CFI 014/2009

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

IN THE COURT OF FIRST INSTANCE

BETWEEN

KTEILY GHASSAN ELIAS Claimant
-and-

JULIUS BAER (MIDDLE EAST) LIMITEDDefendant

ORDER OF JUSTICE SIR JOHN CHADWICK MADE ON 18 AUGUST 2009

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

AND UPON reading the documents contained in the case management bundle

IT IS ORDERED that:

Production of Documents

1. By no later than 4.00pm on Monday, 31 August 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.

 

2. By no later than 4.00pm on Monday, 31 August 2009, each party shall submit to the other, by way of list and copy document, 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.

 

3. By no later than 4.00pm on Monday, 31 August 2009, each party shall submit any objection to the Request to Produce received from the other party.

 

4. By no later than 4.00pm on Monday, 14 September 2009, the parties may make any applications for the production of documents.

 

5. Any application in respect of the production of documents shall be listed for the first convenient date on or after Wednesday, 23 September 2009.

Hearing to be fixed under paragraph 5

6. The Defendant shall give 14 days notice prior to the hearing to be fixed under paragraph 5 above as to whether it wishes the Court to determine any point of law for the purposes of whether it is necessary to instruct an expert.

Witness Evidence

7. The parties shall exchange witness statements by no later than 4.00 pm on the day before the hearing to be fixed under paragraph 5 above.

 

8. The parties be at liberty to exchange a second round of witness statements by no later than 4.00pm on the date 14 days after the production of any further documents ordered
to be produced at the hearing to be fixed under paragraph 5 above.

Justice by Reconciliation

9. 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 20 November 2009.

 

10. On or before Wednesday, 23 September 2009 the parties shall in good faith endeavour to agree a neutral individual so exchanged and provided.

 

11. Failing such agreement by Wednesday, 23 September 2009 the Case Management Conference shall be restored to enable the Court to facilitate agreement on a neutral individual.

 

12. 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 Friday, 20 November 2009.

 

Appointment of Accounting Expert

13. The application of the Claimant by notice dated 11 August 2009 (or any other application) for an order appointing an accounting expert shall be heard at the date of hearing to be fixed under paragraph 5 above.

 

Trial

14. The trial of this matter shall be listed on the first open date after 1 January 2010 with a provisional time estimate of 5 days.

 

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 and the hearing on 16 August 2009 including the costs of and occasioned by the Defendant’s applications dated 13 August 2009 and 17 August 2009 be reserved to be dealt with at the next hearing.

 

Mark Beer
Registrar
Date of Issue: 26 August 2009
At 11am

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