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CFI 026/2009 (1) Rafed Abdel Mohsen Bader Al Khorafi (2) Amrah Ali Abdel Latif Al Hamad (3) Alia Mohamed Sulaiman Al Rifai v (1) Bank Sarasin-Alpen (ME) Limited (2) Bank Sarasin & Co. LTD

CFI 026/2009 (1) Rafed Abdel Mohsen Bader Al Khorafi (2) Amrah Ali Abdel Latif Al Hamad (3) Alia Mohamed Sulaiman Al Rifai v (1) Bank Sarasin-Alpen (ME) Limited (2) Bank Sarasin & Co. LTD

February 4, 2015

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Claim No: CFI-026-2009

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BEFORE THE DEPUTY CHIEF JUSTICE SIR JOHN CHADWICK

 

BETWEEN

(1)  RAFED ABDEL MOHSEN BADER AL KHORAFI

(2)  AMRAH ALI ABDEL LATIF AL HAMAD

(3)  ALIA MOHAMED SULAIMAN AL RIFAI

                                                                              Claimants

 

and

 

(1)  BANK SARASIN-ALPEN (ME) LIMITED

(2)  BANK SARASIN & CO. LTD

Defendants


   ORDER OF DEPUTY CHIEF JUSTICE SIR JOHN CHADWICK


UPON THE APPLICATIONS (i) dated 10 December 2014 and made on behalf of the Claimants by Application Notice CFI-026-2009/21 and (ii) dated 16 December 2014 and made on behalf of the Defendants by Application Notice CFI-026-2009/23

ANDUPON READING the relevant material in the casefile

AND UPON HEARING Leading Counsel for the Claimants, Leading Counsel for the First Defendant and Leading Counsel for the Second Defendant on 12 January 2015

AND FOR THE REASONS set out in the Ruling of Deputy Chief Justice Sir John Chadwick made on 13 January 2015 and issued on 20 January 2015

IT IS HEREBY ORDEREDTHAT:

1. The hearing of the Quantum Determination listed for 16 February 2015 bevacated and relisted for 2 and 3 March 2015.

2. At the hearing of the Quantum Determination:

(a)  The Claimants may rely on the first and second witness statements of HamdanAl Shamsi each dated 20 November 2014 (“HAS 1” and “HAS 2” respectively) providedthat:

 (i)   Mr Al Shamsi has identified (in the form of a supplemental witness statement tobe served by 4.00pm on 5 February 2015) the source of the information on which hehas relied in making the statements made at paragraphs 7-13 of HAS 1 and the corresponding statements in paragraphs 7 and 10-13 of HAS 2;

 (ii)  Mr Al Shamsi has set out in the supplemental witness statement, in terms,the information which he received from the source which he has identified and on which he hasrelied;

(iii)  the Claimants have ensured that the source of the information is available at theQuantum Determination to give evidence and to be cross-examined on that evidence (ifthe Defendants have informed the Claimants’ legal representatives that they so require)

(iv)  the Claimants have provided to the Defendants’ legal representatives (in so faras they have not already done so) copies of the documents on which Mr Al Shamsi reliesin support of thosestatements;

(b)    The Claimants may not rely on the fourth witness statement of Mr Rafed Al Khorafi.

3. The Defendants’application to exclude HAS 1 is dismissed.

4. The Claimants shall inform the Defendants’ legal representatives by no later than 4pm on Thursday 5 February 2015 whether or not they do intend to rely on HAS 2 at the hearing of the Quantum Determination.

5. The Claimants shall inform the Defendants legal representatives by no later than 4pm on Thursday 5 February 2015 whether the’y intend to rely on the Grant Thornton Report dated 20 November 2014 at the hearing of the Quantum Determination.

6. The Claimants shall file and serve upon the Defendants’ legal representatives a list of the documents (being documents already disclosed by the parties at or prior to the trial of this action or exhibited to witness statements made after the trial) on which they intend to rely at the hearing of the Quantum Determination.

7. The Defendants shall file and serve upon the Claimants’ legal representatives a list of any further documents on which they intend to rely at the hearing of the Quantum Determination.

8. The Defendants shall inform the Claimants’ legal representatives by no later than 4pm on Thursday 12 February 2015 whether or not they require those upon whose evidence the Claimants intend to rely at the Quantum Determination (identifying them) to attend at the hearing for cross-examination on that evidence.

9. TheClaimantsandtheDefendantsshallfileandservewrittensubmissionsfortheQuantum Determination by no later than 4pm on Wednesday 25 February 2015.

10. The Claimants and the Defendants shall file, by no later than 4pm on Wednesday 25 February 2015, a joint statement setting out:

(a)  those matters (if any) of quantum on which (subject to legal defences) they are agreed as to calculation and/or as to methodology; and

(b)  those matters of quantum on which they are not agreed as to calculation and/or methodology, summarizing the reasons for such disagreement.

11. The costs of the applications are reserved forfurther consideration at the hearing of the Quantum Determination.

Issued by:

Natasha Bakirci

Assistant Registrar

Date of issue: 4 February 2015

At: 4pm

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