Skip to Content

CFI 024/2010 – Case Management Order

CFI 024/2010 – Case Management Order

March 25, 2013

image_pdfimage_print

Claim No. CFI 024/2010

 

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE DIFC COURTS OF FIRST INSTANCE

 

BEFORE JUSTICE SIR DAVID STEEL

 

BETWEEN

CORINTH PIPEWORKS SA Claimant
andBARCLAYS BANK PLC Defendant

CASE MANAGEMENT ORDER OF JUSTICE SIR DAVID STEEL

 

UPON REVIEWING the Court file

 

AND UPON REVIEWING the Case Management Bundle

 

AND UPON the Application dated 13 March 2013 for permission to make an additional claim against Afras Limited and Mr Radhakrishnan Nanda Kumar (Mr Kumar) (the Application)

 

AND UPON a Case Management Conference held on 21 March 2013 (the CMC)

 

AND UPON hearing counsel for the Claimant and Counsel for the Defendant at the CMC

 

IT IS HEREBY ORDERED THAT:

The Application

1. The Defendant shall have permission under RDC 21.18 to make an additional claim as set out in the Application as contained in the draft Particulars of Claim exhibited to the Third Witness Statement of James Stuart Abbott dated 13 March 2013 (the Additional Claim).

 

2. The Defendant shall have permission under RDC 9.31 to serve the Additional Claim on Mr Kumar:
 

a. at the offices of Afras Limited at:

i. PO Box 18028
531 JAFZA Unit No. FE-6, Office W/H
Plot No.S31223 (South Zone)
Jebel Ali Free Zone
Dubai, United Arab Emirates; and
ii. PO Box 263352
Jebel Ali
Dubai, United Arab Emirates;

 

b. at Mr Nanda Kumar’s email address, ‘nanda.kumar@afras.ae‘; and:

 

c. by courier at Mr Kumar’s last known residential address, No G6-U2, Plot No 333-2194, Jumeirah 1, Near Al-Wasl Road / Emirates Bank — Iranian Hospital.

 

3. The Additional Claim will be considered to be served on Mr Kumar on the second business day following the sending of the Additional Claim to the email address, ‘nanda.kumar@afras.ae‘.

 

4. The Additional Claim shall be served on Afras Limited by courier to the addresses referred to in paragraph 2.a above. The Additional Claim shall be considered served on the second business day after the date it was sent by courier.

 

The Additional Claim

5. The Defendant shall file and serve the Additional Claim by 4pm on 27 March 2013.

 

6. The Defendant shall list a CMC for a date in June 2013 with a time estimate of one to one and a half hours.

 

Defendant’s Request for Further Information (RFI)

7. The Claimant shall file and serve its response to each of the Requests in the Defendant’s RFI dated 7 March 2013 by 4pm on 28 March 2013.

 

Production of Documents

8. Standard production of documents to be made by each party on or before 18 April 2013. [RDC 2011 Rule 28.6]

 

9. Parties to file and serve any Request to Produce1 on or before 25 April 2013. [RDC 28.13]

 

10. Objections to Requests to Produce (if any) shall be filed and served within 14 days thereafter and in any event not later than 9 May
2013. [RDC 28.16]

 

11. Where objections to any Requests to Produce2 have been made, the Court will determine those objections and will make any disclosure order within the following 14 days and in any event not later than 23 May 2013. [RDC 28.20]

 

12. The parties shall comply with the terms of any disclosure order within 14 days thereafter and in any event not later than 6 June 2013. [RDC 28.22]

 

13. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 14 days from the date of the Request to Produce, and in any event not later than 9 May 2013. [RDC 28.15]

 

Witness Statements

14. Signed statements of witnesses of fact, and hearsay notices where required by [RDC 29.2 and 29.103 to 29.105 inclusive] to be exchanged 3 weeks following the close of the disclosure stage, and in any event not later than 27 June 2013.

 

15. Any Witness Statement evidence in reply to be filed and served within 2 weeks thereafter and in any event not later than 11 July 2013.

 

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

 

Expert Reports

17. The parties shall each have permission to call an expert in the each of the following fields:
 

a. forensic IT analysis; and

 

b. trade finance and international banking practice.

 

18. The Defendant shall file and serve its expert report on 17a. and the Claimant shall file and serve its expert report on 17b. by 4pm on 25 July 2013.

 

19. The Claimant shall file and serve its expert report on 17a. and the Defendant shall file and serve its expert report on 17b. by 4pm on 22 August 2013.

 

20. The experts in each field shall meet and produce a joint report setting out the areas of agreement and disagreement between them to be filed and served by 4pm on 5 September 2013.

 

21. Each expert may produce a supplemental report elaborating on the issues still the subject of disagreement to be filed and served by 4pm 12 September 2013.

 

Progress Monitoring Date

22. Fixed for 25 July 2013.

 

23. Parties to send the Registrar (with copy to all other parties) a Progress Monitoring Information Sheet (at least 3 clear days before progress monitoring date). [RDC 26.60 and 26.61]

 

24. A Case Progress Monitoring meeting is to be listed not before 26 September 2013

 

Trial Bundles

25. Agreed trial bundles to be completed in accordance with Part 35 of the RDC and lodged by not later than 2 weeks before trial. [RDC 35.33]

 

Reading List

26. A single reading list approved by all parties’ legal representatives for trial to be lodged with the Registry not later than 2 days before fixed trial date, together with an estimate of time required for reading. [RDC 35.50]

 

Skeleton Argument, Opening Statements and Chronology

27. Skeleton Arguments and Written Opening Statements to be served on all other parties and lodged with the Court — two days before the start of trial for the Claimant and one day before the start of trial for the Defendant. [RDC 35.61]

 

28. Parties to prepare a Chronology of significant events cross-referenced to significant documents, pleadings and witness statements to be agreed, insofar as possible, and to be filed 1 week before trial. [RDC 35.63]

 

Trial

29. The trial of this matter is to take place on 20 October 2013 with an estimated duration of 5 days.

 

30. Costs of the CMC and the Application in the Case.

 

31. Liberty to apply.

 

Issued by
Mark Beer
Registrar
Date of Issue: 25 March 2013
At: 2pm


1 The use of Redfern schedules is encouraged

2 The Court may decide that a hearing is/is not necessary in the circumstances

X

Privacy Policy

The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DIFC Courts's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DIFC Courts in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DIFC Courts and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DIFC Courts is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DIFC Courts and all its affiliates shall protect personal information held by them in all its form.
  6. DIFC Courts and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DIFC Courts and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DIFC Courts’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.
X

Disclaimer

The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.