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CFI 007/2008 – Order

CFI 007/2008 – Order

July 21, 2011

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Claim No: CFI 007/2008 and CFI 026/2010

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum,
Ruler of Dubai

ANNA DADIC Claimant
andDUBAI INTERNATIONAL FINANCIAL CENTRE AUTHORITY Defendant

EXTENDED CIVIL RESTRAINT ORDER

Further to the Judgment of Justice David Williams issued on 20 July 2011 (the “Judgement”);

IT IS ORDERED THAT:

1. The Claimant is forbidden for a period of two years from the date of the Judgment (whether personally or through any servant or agent) from making any further application or taking any steps (including for the avoidance of doubt the issuing of any further applications or claims in whatever form) in the DIFC Court of First Instance in relation to the matters covered by Claim CFI 026/2010 or in relation to matters arising out of or relating to her litigation with her former employer, including those covered by Claim CFI 007/2008, without obtaining permission in accordance with paragraph 2 below;

 

2. If the Claimant wishes to apply for permission to make any further application or claim of the kind described in paragraph 1 above, then an application for such permission must be made in writing to a single Judge of the DIFC Courts and the application will be dealt with on paper alone. Unless otherwise ordered by the Court, such requests need not be served on the intending defendant(s) and if they are served without such service having been directed by the Court, the intending defendant(s) need not respond to them;

 

3. For the avoidance of doubt, no appeal and no application for permission to appeal will lie to the Court of Appeal from a decision of a Judge under paragraph 2 of this Order, nor may that Judge’s decision be judicially reviewed in the Court of First Instance;

 

4. Any amendment or discharge of this Order can be made only by Justice David Williams. An application for permission to make such an application is to be dealt with in accordance with paragraph 2 above. Unless and until this CRO expires through the effluxion of time, or is discharged by order of the Court, the Court may not accept from the Claimant any claims or applications which are within the scope of the restraint in paragraph 1 above;

 

5. If any form of Claim Form, Statement of Case, Application Notice, Notice of Appeal, Petition, letter, email or any other form of document which is within the scope of this Order is served on or given to any defendant without the said permission having been first obtained (which acts or any of them, for the avoidance of doubt, will constitute a breach of this Order and a contempt of court on the part of the Claimant) the named Defendant(s) shall not be required to appear and respond and the purported application/proceedings shall stand dismissed and struck out without having been heard;

 

6. Notwithstanding the restraint in paragraph 1, the Claimant may appeal the Judgment provided that she follows the required procedure laid down in RDC 44.

 

Issued by:
Mark Beer
Registrar
Date: 21 July 2011
At: 10am

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