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CFI 005/2010 – Order

CFI 005/2010 – Order

May 24, 2010

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CFI 005/2010

 

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

 

IN THE COURT OF FIRST INSTANCE

 

BETWEEN

 

THE EMIRATES CAPITAL LIMITED Claimant
and

(1) MONTE-CARLO STARS RESTAURANT (a sole proprietorship)
(aka MONTE-CARLO STARS GROUP)
(2) LIONEL JEAN-FRANCOIS HENRY (the sole proprietor)

Defendants

 

ORDER OF H.E. JUSTICE ALI AL MADHANI MADE ON 13 MAY 2010

 

UPON the hearing of the case management conference on 13 May 2010

 

IT IS ORDERED THAT:

 

1. The parties shall exchange copies of all documents which are in their possession, custody or control and upon which they intend to rely at Trial, as well as the documents requested in the opposing party’s Case Management Information Sheet not later than 4pm on 24 May 2010.

 

2. Documents obtained by the Defendants from third parties, as identified in the Defendants’ Case Management Information Sheet shall be provided to the Claimant not later than 4pm on 3 June 2010.

 

3. The parties may serve objections upon the opposing party(ies) to the requirement to produce any documents pursuant to paragraphs (1) and (2) above not later than 4pm on 3 June 2010.

 

4. The Defendants may file alternative Defences with the Court and serve such alternative Defences on the Claimant not later than 4pm on 3 June 2010.

 

5. Any application to compel production of documents pursuant to paragraphs (1) and (2) above shall be filed with the Court not later than 4pm on 10 June 2010 and subject to the opposing party(ies) being given 14 days notice of any such application hearing.

 

6. Not later than 4pm on 10 June 2010, the Claimant and the Defendants each shall identify two or three individuals respectively to represent them in settlement negotiations. The parties shall use their best efforts to reach an amicable settlement to the claim by 4pm on 11 August 2010. By mutual agreement, the parties may apply to the Court to extend this period for negotiation and such application must be filed not later than 4pm on 11 August 2010. The parties may jointly apply for Court assisted mediation not later than 4pm on 18 July 2010.

 

7. Any party who intends to proffer testimonial evidence before the Court, shall prepare and submit a witness statement containing the material testimony each of its witnesses intends to give. Witness statements shall only be made by Michael Huebener of the Claimant, Lionel Henry of the Defendants and not more than three other witnesses for the Defence. These statements shall be exchanged between the parties not later than 4pm on 17 June 2010.

 

8. Not later than 4pm on 24 June 2010, any party may apply to the Court for the right to submit additional witness statement(s) and to call additional witnesses at Trial.

 

9. No expert evidence shall be allowed at the Trial save that a party may, upon 14 days notice to the opposing party(ies), apply to the Court not later than 4pm on 24 June 2010 for leave to introduce an expert witness to be heard at the Trial.

 

10. Not later than 4pm on 8 August 2010, each party shall file a Progress Monitoring Information Sheet with the Court.

 

11. A Pre-Trial Review shall be held on 11 August 2010, subject to confirmation by the Court.

 

12. The Trial shall take place in the week commencing 19 September 2010, subject to confirmation by the Court. It is anticipated that such Trial shall not take in excess of four days. The parties may apply for additional days for the Trial during the Pre-Trial Review.

 
H.E. Justice Ali Al Madhani
Date of Issue: 24 May 2010
At: 10am

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