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CFI-013-2014 Nozul Hotels and Resorts W.L.L v DIFC Investments L.L.C

CFI-013-2014 Nozul Hotels and Resorts W.L.L v DIFC Investments L.L.C

November 17, 2014

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                                                     Claim No: CFI-013-2014 

          THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BEFORE H.E. JUSTICE OMAR AL MUHAIRI

 

BETWEEN

NOZUL HOTELS AND RESORTS W.L.L

Claimant

and

 DIFC INVESTMENTS L.L.C

   Defendant


 CASE MANAGEMENT ORDER OF H. E. JUSTICE OMAR AL MUHAIRI


UPON reviewing the Court file

AND UPONreading the Case Management Bundle

AND UPON hearing counsel at the Case Management Conference held on 16 November 2014.

IT IS HEREBY ORDERED BY CONSENT THAT:

1. The Defendant shall file its Amended Defence on or before 4pm on Monday, 17 November 2014.

2. There shall be no order that issue be tried on a preliminary basis.

Production of Documents

3. Standard production of documents to be made by each party on or before 4pm on Wednesday, 10 December 2014.

4. Parties to file and serve any Request to Produce[1] on or before 4pm on Sunday, 28 December 2014.

5. Objections to Requests to Produce (if any) shall be filed and served within 14 days thereafter and in any event not later than 4pm on Sunday, 11 January 2015.

6. 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 7 days and in any event not later than 4pm on Sunday, 18 January 2015.

7. The parties shall comply with the terms of any disclosure order within 7 days thereafter and in any event not later than 4pm on Thursday, 25 February 2015.

8. 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 on Sunday, 11 January 2015.

Witness Statements

9. Signed statements of witnesses of fact, witness summaries and hearsay notices to be exchanged 6 weeks following the close of the disclosure stage, and in any event not later than  4pm on Thursday, 5 March 2015.

10. Any Witness Statement evidence and Witness Summary in reply to be filed and served within 2 weeks thereafter and in any event not later than 4pm on Thursday, 2 April 2015.

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

Expert

12. The parties are to nominate one expert witness each and inform the Court of their nomination by no later than 4pm on Thursday, 5 March 2015.

13. The expert witnesses shall meet within 6 weeks thereafter and in any event no later than 4pm on Thursday, 16 April 2015 in order to agree the scope of their respective reports.

14. Experts Reports are to be submitted to the Court and simultaneously exchanged at 4pm on Friday, 8 May 2015.

15. Expert Reports in reply are to be submitted to the Court and simultaneously exchanged at 4pm on Thursday, 4 June 2015.

16. The expert witnesses are to meet and produce a joint Expert Report which is to be submitted to the Court on or before 4pm on Thursday, 25 June 2015.

17. The parties have liberty to apply to submit expert evidence from a second expert.

Pre-Trial Review

18. A pre-trial review is to be held on 9 July 2015.

Trial Bundles

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

Reading List

20. 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.

Skeleton Argument, Opening Statements and Chronology

21. 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.

22. 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.

Trial

23. The trial of this matter is fixed for approximately 3 days, commencing at 10am on 13 September 2015.

24. Costs in the Case.

25. Liberty to apply.

 

Issued by:

Nassir Al Nasser

Judicial Officer

Date of issue: 17 November 2014

At: 11am

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