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CFI 014/2010 – Order

CFI 014/2010 – Order

February 20, 2013

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Claim No: CFI 014/2010

 

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

 

BEFORE JUSTICE SIR JOHN CHADWICK

 

BETWEEN

 

TAALEEM P.J.S.C. Claimant
and
 
NATIONAL BONDS CORPORATION P.J.S.C.
First Defendant
DEYAAR DEVELOPMENT P.J.S.C. Second Defendant

 

CASE MANAGEMENT ORDER OF JUSTICE SIR JOHN CHADWICK

 

UPON hearing counsel for the Claimant, the First Defendant and the Second Defendant;

 

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

 

IT IS HEREBY ORDERED BY CONSENT THAT

 

Witnesses

 

1. The parties shall exchange, by 4pm on Thursday 25 April 2013, the Witness Statements containing the evidence on which the party serving the statements intends to rely in relation to any issues of fact to be decided at the trial.

 

2. The parties may, by 4pm on Thursday 27 June 2013, exchange any Witness Statements in reply to the statements exchanged under paragraph 1 above, which shall be limited to evidence in reply, if they so choose.

 

3. Unless otherwise ordered, Witness Statements are to stand as the evidence in chief of the witness at trial.

 
Issues of UAE Law

 

4. The Second Defendant shall file and serve, by 4pm on Thursday 28 February 2013, a document identifying:

 

(a) The issues to which it contends UAE law is relevant; and

 

(b) The applicable principles of UAE law in relation to those issues.

 

5. The Claimant and First Defendant shall each file and serve, by 4pm on Thursday 28 March 2013, a document identifying:

 

(a) Whether it agrees or disagrees that UAE law is relevant to the issues identified by the Second Defendant under paragraph 4 (a) above; and

 

(b) If it agrees that UAE law is relevant to a particular issue, its response in respect of the applicable principles of UAE law identified by the Second Defendant under paragraph 4 (b) above; and

 

(c) Any other issues to which it contends UAE law is relevant and the applicable principles of UAE law in relation to those issues.

 

6. The Second Defendant shall file and serve, by 4pm on Thursday 11 April 2013, its response to the Claimant’s and First Defendant’s submissions in paragraph 5 above.

 

7. A Case Management Conference is listed on 12 May 2013, with a time estimate of 2 hours, at which the Court shall consider the manner in which issues of UAE law shall be dealt with at trial.

 
Pre-Trial Review

 

8. There be no pre-trial review unless one is:

 

(a) Requested by all parties; or

 

(b) Ordered by the Court of its own motion.

 
Trial Bundles

 

9. The Claimant shall send to the other parties a proposed trial bundle index by no later than 4pm on Thursday 11 July 2013.

 

10. The trial bundle index is to be agreed between the parties no later than Thursday 25 July 2013.

 

11. Within 7 days thereafter, the Claimant shall:

 

(a) Provide the other parties with the trial bundle on receipt of each party’s undertaking to share equally between them the reasonable copying costs of producing the trial bundle; and

 

(b) File with the Court a trial bundle for the use of the Judge.

 
Skeleton arguments

 

12. The time and sequence of submission and/or exchange of skeleton arguments will be decided on at the Case Management Conference referred to above at paragraph 7.

 
Trial

 

13. Trial is to be listed for 28 October 2013 with an 11 day time estimate.

 

14. The trial shall determine all of the issues save that, where the assessment of the amount of an award of damages would require expert evidence, that assessment will be reserved to a later hearing with directions from the trial judge to enable it to be undertaken, should those claims succeed.

 
Liberty to apply

 

15. There be liberty to apply for further directions.

 
Costs

 

16. Costs in the case.

 
Issued by:
Mark Beer
Registrar
Date of Issue: 20 February 2013
At: 12pm

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