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CFI 027/2014 Gabriel Limited v Giacobbe

CFI 027/2014 Gabriel Limited v Giacobbe

March 24, 2015

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Claim No: CFI-027- 2014

          THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI

BETWEEN

 

GABRIEL LIMITED

Claimant

and

 

GIACOBBE

                                                                                     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 26 February 2015

IT IS HEREBY ORDERED THAT:

Production of Documents

1. Standard production of documents to be made by each party on or before 4pm on Thursday, 12 March 2015. [RDC 2014 Rule 28.15]

2. Parties to file and serve any Request to Produce on or before 4pm on Thursday, 19 March 2015. [RDC 2014 26.16]

3. Objections to Requests to Produce (if any) shall be filed and served within 7 days thereafter and in any event not later than 4pm on Thursday, 26 March 2015. [RDC 2014 Rule 28.6]

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 4pm on Thursday, 2 April 2015. [RDC 2014 Rule 28.28]

5. 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, 9 April 2015. [RDC 2014 Rule 28.39]

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 21 days from the date of the Request to Produce, and in any event not later than 4pm on Thursday, 9 April 2015. [RDC 2014 Rule 28.20]

Witness Statements

7. Signed statements of witnesses of fact, witness summaries and hearsay notices where required by [RDC 2014 Rule 29.2 and 29.102 and 29.105 inclusive] to be exchanged 2 weeks following the close of the disclosure stage, and in any event not later than  4pm on Thursday, 23 April 2015.

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

Expert Reports

9. Expert Reports to be filed and exchanged by not later than 4pm on Thursday, 20 April 2015. [RDC 2014 Rule 28.28]

10. The DIFC Courts will at the pre-trial review consider what directions to give concerning a meeting and discussion between experts. [RDC 2014 31.58] 

Pre-Trial Review

11. A pre-trial review is to be listed not less than 7 days after the close of expert evidence referred to at paragraph 9 above. [RDC 2014 Rule 35.33]

Trial Bundles

12. 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 2014 Rule 26.72 to 26.75]

Reading List

13. 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 2014 Rule 35.51]

Skeleton Argument, Opening Statements and Chronology

14. 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 2014 Rule 35.61]

15. 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 2014 Rule 35.64]

Trial

16. The trial of this matter is to take place not before 31 May 2015 with an estimated duration of 2-3 days.

17. Costs in the Case.

18. Liberty to apply.

 

Issued by:

Natasha Bakirci

Assistant Registrar

Date of issue: 24 March 2015

At: 4pm

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