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CFI 012/2014 Pierre-Eric Daniel Bernard LYS v Elseco Limited

CFI 012/2014 Pierre-Eric Daniel Bernard LYS v Elseco Limited

October 8, 2014

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     Claim No. CFI 012/2014 

          THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

 BETWEEN

       PIERRE-ERIC DANIEL BERNARD LYS

Claimant

and

ELSECO LIMITED

      Defendant


CASE MANAGEMENT ORDER OF H.E. JUSTICE SHAMLAN AL SAWALEHI


UPON reviewing the Court file

AND UPONreading the Case Management Bundle

AND UPON hearing counsel at the Case Management Conference held on 28 September 2014

IT IS HEREBY ORDERED BY CONSENT THAT:

The following procedural deadlines shall apply:

Defendant’s Application for Strike Out

  1. Evidence in answer of application to be filed and served by Claimant by 22 October 2014; [RDC 23.47]
  2. Evidence in reply (if any) to be filed and served by Defendant by 5 November 2014; [RDC 23.47]
  3. Skeleton arguments and any bundle of authorities to be filed and served by both parties at least 2 clear days before the hearing of the Application
  4. Hearing of the Application to be listed on 12 November 2014 [RDC 23.47]

List of Issues

5, Adjacent to each paragraph of each witness statement, reply witness statement (if any) and skeleton argument, shall be inserted the issue or issues to which that paragraph relates as numbered in the agreed List of Issues.

6. This is to enable the Courts to understand to which of the agreed issues that paragraph relates. 

Production of Documents

7. Standard production of documents to be made by each party on or before 30 November 2014 [RDC 2011 Rule 28.6]

8. Parties to file and serve any Request to Produce[1] on or before 7 December 2014. [RDC 28.13]

9. Objections to Requests to Produce (if any) shall be filed and served within 7 days thereafter and in any event not later than 14 December 2014. [RDC 28. 16]

10. Where objections to any Requests to Produce[2] 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 21 December 2014. [RDC 28.20]

11. The parties shall comply with the terms of any disclosure order within 21 days thereafter and in any event not later than 11 January 2015. [RDC 28.22]

12. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 7 days from the date of the Request to Produce, and in any event not later than 14 December 2014. [RDC 28.15]

Request for Further Information

13. The Defendant to provide its response to the Claimant’s RDC Part 19 Request for Further Information by 4pm on Sunday, 19 October 2014.

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 4 weeks following the close of the disclosure stage, and in any event not later than 8 February 2015.

15Any Witness Statement evidence in reply to be filed and served within 1 week thereafter and in any event not later than 15 February 2015.

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

 Progress Monitoring Date

17. Fixed for 22 February 2015.

18. 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].

Pre-Trial Review

19. A pre-trial review is to be listed not before the 5 March 2015. [RDC 26.76 and 26.77].

Trial Bundles

20. 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

21. 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

22Skeleton 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]

23. 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

24. The trial of this matter is to take place not before 19 March 2015 with an estimated duration of 3 days.

25. Costs in the Case

26. Liberty to apply.

 

Issued by:

Maha AlMehairi

Judicial Officer

Date: 8 October 2014

At: 9am

 

 

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