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CFI 008/2010 – Order

CFI 008/2010 – Order

September 7, 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 / Applicant
and

DIFC INVESTMENTS LLC

Defendant / Respondent

 

ORDER OF DEPUTY CHIEF JUSTICE SIR ANTHONY COLMAN
MADE ON 8 NOVEMBER 2010

 

UPON Application Notice 80/2010 presented to the Court on behalf of the Applicant on 27 October 2010 ( the “Application“).

 

UPON a Case Management Conference in the Action

 

UPON hearing Counsel for Applicant / Claimant and Counsel for the Respondent / Defendant.

 

AND UPON reading the evidence.

 

IT IS ORDERED THAT:-

 

The “Application

 

1. The Applicant is permitted to amend his Particulars of Claim in accordance with the draft attached with the Application. However, paragraph 15 of the draft shall be further particularised to clarify whether the damages being claimed are in addition or in alternative to the claim of unpaid salary. Amendments must be filed and served no later than 21 November 2010.

 

2. Permission is granted to the Respondent to make any consequential and necessary amendments to the Defence and Counterclaim. The Respondent / Defendant is also permitted to make amendments in accordance with the draft provided to the Claimant’s counsel at the hearing on 8 November 2010. The Amended Defence and Counterclaim must be filed and served no later than 7 December 2010.

 

3. Permission is granted to the Applicant to make any consequential and necessary amendments in his Reply and Defence to Counterclaim arising out of the amendments specified in paragraph 2 of this Order. The Amended Reply and Defence to Counterclaim must be filed no later than 17 December 2010.

 

4. Permission is granted to the Respondent to make any consequential and necessary amendments to the Reply to Defence to Counterclaim. The Amended Reply to Defence to Counterclaim must be filed no later than 21 December 2010.

 

5. The Applicant is permitted to file a Rejoinder to the Respondent’s Amended Reply to Defence to the Counterclaim. The Rejoinder must be filed no later than 12 January 2011.

 

6. The parties are ordered to submit a composite pleading to guide the Court through the various amendments and the Rejoinder permitted pursuant to this Order. The composite pleading so prepared must show all the relevant points raised and the party’s responses in a consecutive manner. The composite document must be filed no later than 1 March 2011.

 

Case Management Directions

7. The parties are ordered to mediate their various claims under RDC Part 27, Justice by Reconciliation procedures.

 

(a) On or before 30 November 2010 the parties shall exchange lists of three neutral individuals, who are available to conduct justice by reconciliation procedures in this case prior to 7 March 2010. Each party may in addition provide a list indentifying the constitution of one or more panels of neutral individuals, who are available to conduct justice by reconciliation procedures in this case prior to 7 March 2010.

 

(b) On or before the 17 December 2010 the parties shall in good faith endeavour to agree a neutral individual or panel from the lists so exchanged and provided.

 

(c) Failing such an agreement by 17 December 2010 the Case Management Conference will be restored to enable the Court to facilitate agreement on a neutral individual or panel.

 

(d) 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 or panel so chosen by no later than 13 March 2011.

 

(e) If the case is not finally settled, the parties shall inform the Court by letter prior to exchange of experts reports on what steps toward justice by reconciliation have been taken and (without prejudice to matters of privilege) why such steps have failed. If the parties have failed to initiate justice by reconciliation procedures the Case Management Conference is to be restored for further consideration of the case

 

(f) If justice by reconciliation fails the costs shall be borne by the unsuccessful party in the main case CFI 08/2010.

 

8. Taking into account the above Orders, the Court and the parties have agreed to the following case management timetable. However, the timetable shall only continue after the date set for justice by reconciliation if such mediation fails to resolve matters between the parties.
Date Event
21 November 2010 Amended Particulars of Claim to be filed by the Claimant.
30 November 2010 Exchange of lists of three neutral individuals for the mediation under justice by reconciliation.
7 December 2010 Amended Defence and Counterclaim to be filed by the Defendant.
17 December 2010 Amended Reply to Defence and Defence to the Counterclaim to be filed by the Claimant.
17 December 2010 Parties to agree or report back to the Court to decide on the neutral individual or panel to mediate under justice by reconciliation.
21 December 2010 Amended Reply to the Defence to the Counterclaim to be filed by the Defendant.
30 December 2010 Production of documents by serving lists of documents.
12 January 2011 Rejoinder to the Amended Reply to the Defence to the Counterclaim to be filed by the Claimant.
30 January 2011 Exchanging of witness statements.
1 March 2011 Agreed composite document to be filed.
7 March 2011 Agreed mediator/s and the parties to initiate mediation procedures under justice by reconciliation.
13 March 2011 Last date to resolve matters through mediation under justice by reconciliation.
10 April 2011 Exchange of expert’s reports.
17 April 2011 Meeting of experts.
1 May 2011 Finalised expert reports to be filed.
5 June 2011 Progress monitoring date / Pre-trial review
6 June 2011 Issuance of pre-trial checklist
3 July 2011 Filing of pre-trial checklist
17 July 2011 Trial start date (6 days set aside for trial).

Costs

9. The Applicant shall pay 50% of the Respondent’s costs of and occasioned by the amendments referred to in paragraphs 1, 2, 3, 4 and 5 of this Order, such costs to be referred to a detailed assessment if not agreed.

 

10. All remaining costs of the Application will be costs in the case.

 

11. The costs for the CMC hearing will be costs in the case.

 
Issued by:
Mark Beer
Registrar
Date: 7 December 2010
At: 11.30am

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