Skip to Content

CFI 007/2013 – Case Management Order

CFI 007/2013 – Case Management Order

May 23, 2013

image_pdfimage_print

Claim No: CFI 007/2013

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BEFORE JUDGE SHAMLAN AL SAWALEHI

BETWEEN

(1) OMAR DOBOUNY
(2) DAVID DOBOUNY
(3) STEVEN FERRARI
(4) ASHLEY FONG
(5) DAVID MICKLER
(6) OBERON TRADING LIMITED
Claimants
andDAMAN REAL ESTATE CAPITAL PARTNERS LIMITED Defendant

CASE MANAGEMENT ORDER

UPON reviewing the Court file

AND UPON reading the Case Management Bundle

AND UPON hearing counsel at the Case Management Conference held on 21 May 2013

IT IS HEREBY ORDERED [BY CONSENT] THAT:

Production of Documents

1. Standard production of documents to be made by each party on or before Tuesday, 18 June 2013. [RDC 2011 Rule 28.6]

 

2. Parties to file and serve any Request to Produce on or before Tuesday, 2 July 2013 [RDC 28.13]

 

3. Objections to Requests to Produce (if any) shall be filed and served within 7 days thereafter and in any event not later than Tuesday, 9 July 2013. [RDC 28.16]

 

4. Where objections to any Requests to Produce 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 Tuesday, 16 July 2013. [RDC 28.20]

 

5. The parties shall comply with the terms of any disclosure order within 14 days thereafter and in any event not later than Tuesday, 30 July 2013 [RDC 28.22]

 

6. 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 Tuesday, 16 July 2013 [RDC 28.15]

Witness Statements

7. 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 4 weeks following the close of the disclosure stage.

 

8. Any Witness Statement evidence in reply to be filed and served within 2 weeks thereafter.

 

9. The Claimants will produce statements from 6 witnesses of fact.

 

10. The Defendant will produce statements from 3 witnesses of fact.

 

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

Order for Justice by Reconciliation

12. The parties are to explore the possibility of Justice by Reconciliation prior to the Pre-Trial Review date. If the parties consider Justice by Reconciliation to be appropriate in all circumstances of the case then the parties will prepare a draft Order for Justice by Reconciliation and submit it to the Court for approval no later than 7 days prior to the date of the Pre-Trial Review.

Pre-Trial Review

13. A pre-trial review is to be listed not less than 28 days after the close of witness evidence referred to at paragraph 8 above [RDC 26.76 and 26.77 — PTR normally takes place between 8 and 4 weeks before trial date].

Trial Bundles

15. 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

16. 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

17. 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]

 

18. 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

19. Trial to be listed for 19 November 2013 with a 2 day time estimate.

 

20. [Costs in the Case].

 

21. Liberty to apply.

Issued by:
Nassir Al Nasser
Date of issue: 23 May 2013
At: 4:30 pm

X

Privacy Policy

The Dispute Resolution Authority and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dispute Resolution Authority and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DRA'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 DRA in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DRA and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DRA is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DRA and all its affiliates shall protect personal information held by them in all its form.
  6. DRA and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DRA 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. DRA’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.