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CFI 008/2013 – Amended Procedural Timetable

CFI 008/2013 – Amended Procedural Timetable

April 10, 2013

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Claim No: CFI 008/2013

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

BARCLAYS BANK PLC Claimant
-v-AFRAS LIMITEDMR RADHAKRISHNAN NANDA KUMAR Defendant 1Defendant 2

PROCEDURAL TIMETABLE

This is the procedural timetable issued by the Court upon the Claim Form being filed. If you wish to alter any date listed in this timetable you must inform the Registry in writing within 4 calendar days of receipt of this timetable.

Pleadings and Case Management Conference

1. The Claimant to serve the Claim Form and Particulars of Claim along with a copy of this timetable by Wednesday, 10 April 2013.

 

2. The Defendant(s) (if so advised) to file and acknowledgement of service by 4pm Wednesday, 24 April 2013. [RDC 11.5]

 

3. The Defendant(s) to file and serve a Defence by 4pm Wednesday, 8 May 2013. [RDC 16.9]

 

4. The Claimant to file an application for a Case Management Conference by 4pm Wednesday, 22 May 2013. [RDC 26.1]

 

5. The Claimant (if so advised) to file and serve a Reply by 4pm Wednesday, 29 May 2013. [RDC 16.6]

 

6. All parties to file Case Management Information Sheets by 4pm Wednesday, 12 June 2013. [RDC 26.6]

 

7. The Claimant (in consultation with all other parties) to file a Case Management Bundle by 4pm Wednesday, 12 June 2013. [RDC 26.23]

 

8. A Case Management Conference is listed for Wednesday, 19 June 2013.

Production of Documents

9. Standard production of documents to be made by each party on or before 4pm Wednesday, 17 July 2013 [RDC 2011 Rule 28.6]

 

10. Parties to file and serve any Request to Produce1 on or before 4pm Wednesday, 31 July 2013. [RDC 28.13]

 

11. Objections to Requests to Produce (if any) shall be filed and served within [7] days thereafter and in any event not later than 4pm Wednesday, 7 August 2013. [RDC 28. 16]

 

12. 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 [7] days and in any event not later than 4pm Wednesday, 14 August 2013. [RDC 28.20]

 

13. The parties shall comply with the terms of any disclosure order within [14] days thereafter and in any event not later than 4pm Wednesday, 28 August 2013. [RDC 28.22]

 

14. 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 4pm Wednesday, 14 August 2013. [RDC 28.15]

Witness Statements

15. 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 [10] weeks following the close of the disclosure stage, and in any event not later than 4pm Wednesday, 28 August 2013. [See PD 1 of 2012]

 

16. Any Witness Statement evidence in reply to be filed and served within [2] weeks thereafter and in any event not later than 4pm Wednesday, 11 September 2013. [See PD 1 of 2012]

 

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

Expert Reports

18. The Claimant shall file and serve any Expert Report(s) [RDC Part 31] in respect of the following issues [2] weeks following the close of witness evidence, and in any event not later than 4pm Wednesday, 25 September 2013.

 

19. The Defendant shall file and serve any Expert Report(s) in respect of those same issues by [2] weeks thereafter, and in any event not later than 4pm Wednesday, 9 October 2013.

 

20. Supplemental Expert Reports to be filed and served by 4pm Wednesday, 23 October 2013.

 

21. Experts to meet on 4pm Wednesday, 6 November 2013.

 

22. The DIFC Courts will at the pre-trial review consider what directions to give concerning a meeting and discussion between experts. [pursuant to RDC Part 31.57].

Pre-Trial Review

23. A pre-trial review is to be listed not less than [28] days after the close of expert evidence referred to at paragraph 19 above [RDC 26.76 and 26.77 — PTR normally takes place between 8 and 14 weeks before trial date].

Trial Bundles

24. 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]. [See PD 1 of 2012]

Reading List

25. 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]. [See PD 1 of 2012]

Skeleton Argument, Opening Statements and Chronology

26. 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] [See PD 1 of 2012]

 

27. 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]. [See PD 1 of 2012]

Trial

28. The trial of this matter is to take place not before Wednesday, 1 January 2014.

Issued by:
Nassir AlNasser
Judicial Officer
Date of issue: 10 April 2013
At: 9am

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