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CFI 007/2009 – Order

CFI 007/2009 – Order

October 1, 2009


Claim No: 007/2009






UPON HEARING counsel for the Claimant and counsel for the Defendant and UPON CONSIDERING the evidence filed by the parties in respect of an application by the Claimant dated 31 August 2009 and in respect of an application by the Defendant dated 7 September 2009 and an undated application made by the Claimant to refuse permission for the Defendant to amend the Amended Defence filed on 19 April 2009:

IT IS ORDERED as follows:

1. The Claimant’s application dated 31 August 2009 shall be dismissed.


2. All statements of non-expert witnesses, and all exhibits and other documents on which fact witnesses rely or to which they refer in their statements shall be filed and exchanged no later than 5pm on Sunday 27 September 2009. Each witness statement shall contain:

a. The full name and address of the witness and a description of the witness; background, qualifications, training and experience if such a description may be relevant and material to the dispute or to the contents of the statement;
b. An affirmation of the truth of the statement; and
c. The signature of the witness and its date.


3. The Claimant’s application to disallow the Defendant’s amendment of the Re-Amended Defence be dismissed and the Re-Amended Defence shall stand as filed with the Court on 6 July 2009.


4. The Claimant shall pay to the Defendant upon immediate assessment under Part 38.29 of the Rules of the DIFC Court the sum of US$7000 in respect of its application dated 31 August 2009, such costs to be paid within 14 days from the date of this Order.


5. The Claimant shall pay to the Defendant upon immediate assessment under Part 38.29 of the Rules of the DIFC Court the sum of US$5000 in respect of the Defendant’s application dated 7 September 2009, such costs to be paid within 14 days from the date of this Order.


6. The following directions are made for the management of this claim to trial:

a. No later than 16th October 2009 each party shall notify the other as to which witnesses whose witness statements have been served are required to attend the hearing for cross-examination;
b. At the same time any party may indicate that it does not wish to cross-examine a witness. In such a case the Court may accept the signed statements as admissible evidence with the relevance, materiality and weight to be determined in its discretion. The witness may not be called by the party presenting his or her statement to give oral evidence without leave of the Court;
c. If a witness is required to attend for cross-examination but fails to do so, the Court may in its discretion receive the statement, disregard the statement, or accept it but attach less weight to it. However, the prima facie rule shall be that in the absence of special circumstances the statements of such witnesses shall be disregarded;
d. Trial bundles shall be prepared and agreed and lodged with the Court in accordance with the Rules of the DIFC Court no later than 12 November 2009;
e. The parties shall file and exchange skeleton arguments by 6 December 2009; and
f. The trial of this action shall take place on 13, 14 and 15 December 2009.


7. The parties shall have liberty to apply at any time to vary or supplement the directions contained in this Order.

Amna Al Owais
Deputy Registrar
Date of Issue: 1st October 2009
At 11:50 am



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