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CFI 027/2009 – Order

CFI 027/2009 – Order

May 20, 2010


Claim No: CFI 027/2009








FURTHER to a pre-trial review hearing on 18 May 2010 before Justice Sir John Chadwick, it is ordered that:


1. The Claimant may provide further disclosure, if any, by 20 May 2010.


2. A pre-trial checklist will be lodged by the parties by 1 June 2010.


3. The Claimant has permission under Rule 29.46 to file and serve a supplemental witness statement raising the additional matters which appear as tracked changes in the draft amended witness statement handed to the Court on 18 May 2010.


4. The Claimant is ordered to pay any wasted costs thrown away by the Defendant as a result of the supplemental witness statement.


5. The Defendant has permission to respond to the supplemental witness statement, if so advised, in response to the new matters of evidence. This direction is without prejudice to any submissions the Defendant may make at trial that any parts of the new evidence introduced by the Claimant’s supplemental witness statement are in fact irrelevant


6. The Claimant has permission to re-amend and file and serve its Particulars of Claim in relation to an amendment of paragraph 2 of the Particulars of Claim in accordance with the document handed to the Court on 18 May 2010.


7. The Claimant is to pay any wasted costs thrown away by the Defendant as a result of the re-amended Particulars of Claim.


8. The Defendant has permission to file and serve a re-amended Defence responding to the re-amended Particulars of Claim if so advised.


9. The Defendant may seek further particulars of the re-amended allegations of the Claimant.


10. The Defendant has permission to serve a supplemental expert report by 7 June 2010 on the basis of the most recent information available. Upon serving the supplemental report, the Defendant will provide the Claimant with the information provided to the expert to prepare the supplemental report.


11. The trial of this matter is to take place between 21 and 22 June 2010 over a minimum of one day and a maximum of two days.


12. The trial bundle will be lodged at DIFC Courts on 6 June 2010.


13. Skeleton arguments with an accompanying bundle of authorities will be filed by the Claimant on 14 June 2010 and by the Defendant on 16 June 2010.


14. An agreed reading list, chronology and dramatis personae shall be filed at DIFC Courts two days before trial.


15. The number of witnesses that will be called on behalf of the Claimant is one.


16. The number of witnesses that will be called on behalf of the Defendant is three (including an expert witness).


17. Under Rule 29.42, all witness statements and supplemental witness statements are to stand as evidence-in-chief at trial.


18. The Defendant shall make its expert available for cross-examination by video-link on or after 12:00 noon (Dubai time) on 22 June 2010.


19. As highlighted by the pre-trial review today, the list of issues shall be amended to include a further issue to read:


“5. Did the Defendant misrepresent its intention, as set out in the Contract and the Summary Terms, to grant the Claimant employee shares in its organisation, and what loss follows from such misrepresentation?”


20. Costs of the pre-trial review hearing are to be in the case.

Justice Sir John Chadwick
Date of Issue: 20 May 2010
At: 10am


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