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CFI 008/2010 – Order

CFI 008/2010 – Order

June 26, 2011


CFI 008/2010












MADE ON 19 JUNE 2011


UPON a pre-trial review hearing


AND UPON reading the hearing bundles lodged by the Claimant


AND UPON reading the Claimant’s applications (i) by letter of 14 May 2011 (the ‘First Application’); (ii) by Application No.30/2011 dated 7 June 2011 (the ‘Second Application’) and (iii) by Application No.33/2011 dated 12 June 2011 (the ‘Third Application’)


AND UPON the Claimant’s attorney’s undertaking to lodge an Application Notice in respect of the First Application


AND UPON the Defendant, by email of its attornies dated 19 June 2011, having agreed by 23 June 2011 to provide copies of (i) Documentation relating to the bonuses provided to the business development team; (ii) Minutes of the Meeting of the Investment Committee held on 26 August 2008 (iii) Stand-alone account documentation and further, in Court, by 30 June 2011 to provide a copy of such documents as were considered by its Investment Committee in approving the Defendant’s investment in the Pearl (the ‘Investment Memorandum’)


AND UPON hearing advocates for the Claimant and the Defendant




First Application

1. The Defendant shall:


(i) Ensure that all references to the Claimant’s draft expert report produced by Grant Thornton for the purpose of a mediation (the ‘Mediation Report’) in its draft expert report produced by KPMG do not appear in the KPMG expert report placed on the Courts’ files


(ii) Remove from any KPMG expert report placed on the Courts’ files the copy of the Mediation Report as originally attached to a version of the Defendant’s draft expert report produced by KPMG, as was provided on 30 May 2011.


2. The Parties shall exchange draft expert reports by 3 July 2011.


3. The meeting of the experts shall take place on or before 14 July 2011.


4. Final expert reports shall be filed and served by 31 July 2011.


5. Applications (if any) for experts to provide witness evidence via video link shall be filed with the Court by no later than 31 August 2011.


Second Application

6. The Applicant is permitted to re-amend his Particulars of Claim and the Reply and Defence to the Counterclaim in the form of the draft amendments attached to the Second Application.


7. The Claimant shall file and serve copies of the said statements of case so amended by 26 June 2011.


8. The Defendant shall file and serve consequential amendments (if any) to its Defence and Counterclaim and its Reply to Defence to Counterclaim by no later than the 17 July 2011.


9. Amendments and consequential amendments are not required to be shown by reference to the original text, footnotes, marginal notes, coloured amendments, numerical codes or otherwise.


10. The Claimant is permitted to serve a Supplemental Witness Statement in the form attached to the Second Application by 26 June 2011.


11. If and insofar as the Defendant shall object to any section of the said Witness Statement on grounds (by reason of the delay in advancing new material contained therein) that it is no longer able to respond to the same, such objection shall be filed by 14 July 2011 in writing and (if necessary) shall be heard before Justice Sir John Chadwick on 18 or 19 July 2011.


12. The Defendant is permitted to file and serve supplemental witness evidence in response to the said Witness Statement by no later than 28 July 2011.


Third Application

13. A responsible officer of the Defendant shall make a Disclosure Statement, in accordance with RDC 28.22, as to the existence of and searches undertaken in respect of the documents requested and outstanding by the Claimant.


Case management directions

14. The outstanding case management events be re-time tabled as follows:
Date Event
23 June 2011 The Defendant to provide to the Claimant with the documents referred to in the fifth recital to this Order.
26 June 2011 Filing of the amended Amended Particulars of Claim and the Amended Reply and Defence to the Counterclaim to be filed by the Claimant.
26 June 2011 Filing of the supplemental witness statement by the Claimant.
30 June 2011 Defendant to provide the Investment Memorandum
3 July 2011 Parties to exchange draft expert reports.
17 July 2011 Filing and service of any consequential amendments by the Defendants to the Re-Amended Particulars of Claim and the Re-Amended Reply and Defence to the Counterclaim
14 July 2011 The Defendant to raise any objection to the supplemental Witness Statement on grounds that the Defendant is no longer able to respond to it.
14 July 2011 Meeting of experts.
28 July 2011 Defendant to file any supplemental Witness evidence.
28 July 2011 Claimant to provide a progress report regarding entry documents necessary for his attendance at trial.
31 July 2011 Final experts report(s) to be filed and served.
11 August 2011 Filing of pre-trial checklists
31 August 2011 Either party to apply for their experts to give evidence by video link if necessary.
18 September 2011 Trial start date (4 days set aside for trial)


15. Save that the Claimant shall bear the costs of lodging the First Application, there shall be no further order as to the costs of the First Application.


16. The Defendant shall have the costs of and occasioned by the Claimant’s amendments, and such costs as have been caused by the Claimant’s failure to file and serve a full Witness Statement by 30 January 2011.


17. The Claimant shall have his costs of the Second Application insofar as it relates to the amendment of the statements of case, but not insofar as it relates to the Claimant’s supplemental witness statement (which are to be borne by the Claimant in any event).


18. The Claimant shall have his costs of the Third Application.


19. Save as aforesaid, all other costs and the costs of the PTR shall be costs in the case.

Issued by:
Mark Beer
Date: 26 June 2011
At: 10am


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