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CFI 008/2010 – Order

CFI 008/2010 – Order

May 27, 2010

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Claim No. CFI 008/2010

 

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

 

IN THE COURT OF FIRST INSTANCE

 

BETWEEN

 

BISHER BARAZI Claimant
and

DUBAI INTERNATIONAL FINANCIAL CENTRE INVESTMENTS

Defendant

 

ORDER

 

UPON reading the documents recorded on the Court file as having been read

 

AND UPON reading correspondence related thereto

 

1. By a request filed with the DIFC Courts on 13 May 2010 the Claimant sought Default Judgment.

 

2. Rule 13.5 of the Rules of the DIFC Courts (‘RDC’) provide that a Claimant may obtain Judgment in Default of the filing of a Defence “where an Acknowledgment of Service has been filed but a Defence has not been filed” and “the relevant time limit for doing so has expired.”

 

3. Rule 16.9 prescribes the general rule regarding the period for filing a Defence, which in this case is 28 days after service of the Particulars of Claim.

 

4. Two days prior to the filing of the Request for Default Judgment, the Defendant, by a letter dated 11 May 2010 stated “We have yet to receive any Particulars of Claim in this matter.”

 

5. The Claimant’s contention is that his Particulars of Claim were attached to his Claim Form of 7 April 2010.

 

6. Rule 17.17 provides that the Particulars of Claim must include, inter alia, ‘a concise statement of the facts on which the claimant relies’.

 

7. The issue for consideration is whether the attachment to the Claim Form complies with the requirements of the Particulars of Claim as prescribed by the Rules.

 
IT IS ORDERED THAT:

 

1. That the attachment to the Claim Form does not comply with the requirements of Rule 17.17 of the Rules because, among other things, it does not contain a concise statement of the facts on which the Claimant relies in support of his claim for moral damage.

 

2. That the Claimant has until 5pm on 3 June 2010 to file and serve the Particulars of Claim in accordance with the Rules.

 
Amna Alowais
Deputy Registrar
Date of Issue: 27 May 2010
At: 1pm

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