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CFI 037/2015 William Daniel Milligan v Al Mojil Investment Limited

CFI 037/2015 William Daniel Milligan v Al Mojil Investment Limited

August 3, 2016

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Claim No. CFI 037/2015    

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

WILLIAM DANIEL MILLIGAN

            Claimant

and 

AL MOJIL INVESTMENT LIMITED

                                                                        Defendant


CASE MANAGEMENT ORDER OF H.E. JUSTICE ALI AL MADHANI


UPON hearing Counsel for the Claimant and Counsel for the Defendant at the Case Management Conference on 1 August 2016

AND UPON reading the relevant documents on the Court file,

IT IS HEREBY ORDERED THAT:           

Applications

1.The Claimant’s Application to Amend (Application Notice Number CFI-037-2015/3) (“Application to Amend”) and the Defendant’s Application to Strike Out and for Judgment on the Claimant’s Admission (Application Notice Number CFI-037-2015/2) (“Strike Out Application”) are to be determined without a hearing unless the Court directs otherwise, following a request by the Defendant in accordance with paragraph 3 of these directions.

2. The Claimant is to file and serve any further proposed amended statement of case (which is to be the subject of the Application to Amend) by no later than 4pm on Tuesday, 9 August 2016.

3. If the Defendant considers that the Application to Amend and the Strike Out Application should be determined by way of hearing, the Defendant is to notify the Claimant and the Court of the Defendant’s request for a hearing of the applications by no later than 4pm on Thursday, 11 August 2016.

4. By no later than 4pm on Monday, 22 August 2016, the Defendant is to file a response to the Application to Amend, and the Claimant is to file a response to the Strike Out Application in any event.

5. By no later than 4pm on Monday, 29 August 2016, the Claimant is to file a reply to the Defendant’s response to the Application to Amend, and the Defendant is to file a reply to the Claimant’s response to the Strike Out Application in any event.

6. The Court shall issue its decision in respect of the Application to Amend and the Strike Out Application by no later than 4pm on Monday, 5 September 2016.

Standard Production

7.Standard production of documents to be made by the Parties by 4pm on Sunday, 2 October 2016 [RDC 28.15].

8. The Parties to file and serve any Request to Produce (“RTP”) by 4pm on Sunday 9 October 2016 [RDC 28.16].

9. Objections to the RTPs[1] (if any) shall be filed and served by the Parties by 4pm on Sunday, 16 October 2016 [RDC 28. 26].

10. Where there are no objections to a particular Request contained in a RTP, the Parties are to produce documents responsive to that request by 4pm on Wednesday, 19 October 2016 (with copies) [RDC 28.20].

11. Where objections to any RTPs[2] have been made, the Court will determine those objections and will make any Document Production Order by 4pm on Thursday, 20 October 2016 [RDC 28.36].

12. The Parties shall comply with the terms of any disclosure order by 4pm on Tuesday, 25 October 2016 [RDC 28.39].

Witness Statements

13. Signed statements of witnesses of fact, and hearsay notices where required [by RDC 29.2 and 29.103 to 29.105 inclusive] to be filed and served by the Parties by 4pm on Tuesday, 1 November 2016.

14. Any Witness Statement evidence in reply to be filed and served by 4pm on Tuesday, 15 November 2016.

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

Progress Monitoring Information Sheet

16. The parties are to file and serve a Progress Monitoring Information Sheet by 4pm on Tuesday, 22 November 2016.

Trial Bundles

17. Agreed trial bundles to be completed in accordance with Part 35 of the RDC and lodged by not later than 14 days before trial [RDC 35.33].

Reading List

18. 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

19. Skeleton Arguments and Written Opening Statements to be served on all other Parties and lodged with the Court in accordance with any directions given at any Pre-Trial Review, or, in the absence of specific directions, by 1.00 pm two clear days before the start of trial for the Claimant and by 1.00 pm one clear day before the start of trial for the First Defendant [RDC 35.62].

20. 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 7 days before trial [RDC 35.63].

Trial

21. The trial of this matter is to take place on Monday, 12 December 2016 and Tuesday, 13 December 2016, and the Court will reserve Wednesday, 14 December 2016 in the event a third day is required for a hearing.

22. Costs of the CMC in the case.

23. Liberty to apply.

 

Issued by:

Natasha Bakirci

Assistant Registrar

Date of issue: 3 August 2016

At: 4pm

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