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CFI 005/2011 – Order

CFI 005/2011 – Order

December 20, 2011

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Claim No. CFI 005/2011

IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

IN THE MATTER OF

DR. DAVID DORSEY Claimant
and

UNION PROPERTIES PJSC

Defendant

And by Counterclaim under RDC Part 21

BETWEEN:

UNION PROPERTIES PJSC Claimant
and

DR. DAVID DORSEY

Defendant

AMENDED ORDER

UPON the Claimant’s Application No 52/2011 of 3 November 2011 (“the Application”)

AND UPON reading the CMC bundle filed by the Claimant including the statements of case and recent open correspondence between the parties

AND UPON reading the parties’ skeleton arguments and hearing the submissions from both parties’ attorneys

AND UPON reading the parties’ request to adjust the timetable of the Case Management Order issued on 14 December 2011

WITH THE CONSENT OF THE PARTIES IT IS ORDERED THAT:

The Application

Re-Amendment of Particulars of Claim

1. The Claimant be permitted to re-amend the Particulars of Claim as shown in the draft Re-Amended Particulars of Claim attached to the Application.
2. The Claimant shall file and serve the Re-Amended Particulars of Claim by 4 pm on 17 November 2011.
3. The Defendant be permitted to amend its Statement of Defence and Counter-claim to plead to the re-amendments to the Particulars of Claim, and shall file and serve any Amended Statement of Defence and Counterclaim by 4 pm on 1 December 2011.
4. If required, the Claimant shall be permitted to amend its Reply and Defence to Counterclaim, and shall file and serve any Amended Reply and Defence to Counterclaim by 4pm on 15 December 2011.
5. The Defendant shall be entitled to its costs of and arising from the Claimant’s amendments.Such costs to be referred for detailed assessment if not agreed.

Request for Further Information

6. The request for further information is rejected.

Permission for expert evidence

7. Both parties shall be permitted to rely at trial upon the evidence of experts on, inter alia, the issue of the quality of the finish and fittings of the Unit and the relevant common parts and amenities, on the issue of market practices within Dubai and the DIFC and, further, to provide any necessary and appropriate valuations.
8. On or before 29 February 2012 the parties shall exchange their proposed instructions to their experts on the areas on which expert opinion is required.

Inspection

9. The Claimant’s expert(s) shall be permitted access to the Unit for up to 2 full days in order to inspect the Unit and the common parts and common amenities with a view to preparing an expert report, provided that no less than 14 days’ notice has been given in writing to the Defendant’s attorneys.
10. The Claimant shall preserve the existing state of the Unit, and shall not until further order take any steps, whether itself or by any of its servants and/or agents or howsoever, to improve the condition of the Unit until such time as the Claimant receives written notice from the Defendant that its expert has completed his inspection of the Unit and common parts.

Case Management Directions

(a) The parties are ordered to mediate their various claims under RDC Part 27, Justice by Reconciliation procedures.
(b) On or before 2 February, 2012 the parties shall exchange the names of 3 neutral individuals who are available to conduct justice by reconciliation procedures in this case prior to 29 March, 2011.
(c) On or before 9 February, 2012 the parties shall in good faith endeavour to agree a neutral individual from the names so exchanged and provided.
(d) Failing such agreement by 9 February, 2012 the Case Management Conference will be restored to enable the Court to facilitate agreement on a neutral individual or panel.
(e) 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 so chosen by no later than 29 March, 2011.
(f) If the case is not finally settled, the parties shall inform the Court by letter prior to exchange of witness statements what steps towards 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.
11. 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.

No DATE EVENT
1 Service of Re-Amended Particulars of Claim 17 November 2011
2 Service of Amended Defence and Counterciaim 1 December 2011
3 Service of Amended Reply to Defence and Counterclaim 11 December 2011
4 Standard disclosure 5 January 2012
5 Request for production of specific documents (if any) (Redfern schedule) 12 January 2012
6 Production of documents/objections 2 February 2012
7 Exchange of lists of 3 neutral individuals who are available to conduct justice by reconciliation 15 February 2012
8 Replies to objections 9 February 2012
9 Agreed neutral individual 9 February 2012
10 Hearing to determine decision on production 23 February 2012
11 CMC to facilitate agreement on a neutral individual 23 February 2012
12 Production 8 March 2012
13 Stay for use of Justice by Reconciliation (RDC Part 27) 29 April 2012
14 Exchange of witness statements 29 April 2012
15 Exchange of experts’ reports 27 May 2012
16 Meetings of experts on or before 17 June 2012
17 Exchange of supplemental witness statements 24 June 2012
18 Joint experts’ reports or final experts’ reports 8 July 2012
19 Pre-trial review 22 July 2012
20 Progress monitoring date 29 July 2012
21 Sending pre-trial checklists to the Court 29 April 2012
22 Trial Week commencing 2 September 2012

Costs

12. The costs of the CMC hearing and any other cost ( if any ) will be costs in the case.

Shamlan Alsawalehi
Judicial Officer
Date of Issue: 20 December 2011
At: 12pm

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