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CFI 039/2015 Mr Tofiq Aslam v BSA Ahmed Bin Hezeem & Associates LLP

CFI 039/2015 Mr Tofiq Aslam v BSA Ahmed Bin Hezeem & Associates LLP

May 17, 2016

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Claim No: CFI-039-2015

          THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BEFORE  H.E. JUSTICE SHAMLAN AL SAWALEHI

 

BETWEEN

MR TOFIQ ASLAM

Claimant

and

BSA AHMED BIN HEZEEM & ASSOCIATES, LLP

                                                                                                                                                                                                                                     Defendant


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


UPON reviewing the Court file

AND UPON reading the Case Management Bundle

AND UPON hearing Counsel at the Case Management Conference held on 3 May 2016.

IT IS HEREBY ORDERED BY CONSENT THAT:

Production of Documents

  1. Standard production of documents to be made by each party on or before 4pm on Wednesday, 25 May 2016.
  2. Parties to file and serve any Request to Produce[1] on or before 4pm on Wednesday, 22 June 2016.
  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 Wednesday, 29 June 2016.
  4. 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 Wednesday, 6 July 2016.
  5. The parties shall comply with the terms of any disclosure order within 14 days thereafter and in any event not later than 4pm on Wednesday, 20 July 2016.
  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 4pm on Wednesday, 3 August 2016.

Alternative Dispute Resolution

  1. In default of the parties failing to agree the identity of one neutral individual to conduct alternative dispute resolution procedures, on or before 4pm on Tuesday, 24 May 2016 the parties shall exchange lists of 3 neutral individuals who are available to conduct alternative dispute resolution procedures in this case.
  2. On or before Tuesday, 7 June 2016 the parties shall in good faith endeavour to agree one neutral individual from the lists so exchanged and provided.
  3. The parties shall take such serious steps as they may be advised to resolve their disputes by alternative dispute resolution procedures before the neutral individual so chosen by no later than 4pm on Thursday, 8 September 2016.
  4. If the case is not finally settled, the parties shall inform the Court by letter prior to exchange of witness statements what steps towards alternative dispute resolution have been taken and (without prejudice to matters of privilege ) why such steps have failed.

Witness Statements

  1. 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, 6 October 2016.
  2. 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, 20 October 2016.
  3. Unless otherwise ordered, Witness Statements are to stand as evidence in chief of the witness at trial.

Pre-Trial Review

  1. The Pre-Trial Review has been fixed for Tuesday, 6 November 2016.
  2. Parties to send the Registrar (with copy to all other parties) a Pre-trial Checklist (at least 3 clear days before progress monitoring date).

Trial Bundles

  1. Agreed trial bundles to be completed in accordance with Part 35 of the RDC and lodged by not later 4pm on Tuesday, 22 November 2016.

Reading List

  1. 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

  1. 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.
  2. 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

  1. The trial of this matter is to take place on 6 December 2016, for two days.
  2. Costs in the Case.

 

Issued by:

Natasha Bakirci

Assistant Registrar

Date of issue: 17 May 2016

At: 3pm

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