Claim No: CFI-046-2016
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI
MR OZAN KALEMDAROGLU
GMG (DUBAI) LTD
CASE MANAGEMENT ORDER OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (“RDC”)
AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at the Case Management Conference held before H.E. Justice Shamlan Al Sawalehi on 12 April 2017
IT IS HEREBY ORDERED THAT:
Agreed List of Issues
1.Adjacent to each paragraph of each witness statement, reply witness statement (if any) and skeleton argument shall be inserted the issue or issues to which that paragraph relates as numbered in the Agreed List of Issues, in order for the Court to understand to which of the agreed issues that paragraph relates.
Production of Documents (RDC Part 28)
2. Standard production of documents shall be made by each party by no later than 4pm on Thursday 1 June 2017.
3. Each party shall file and serve a Request to Produce by no later than 4pm on Thursday 8 June 2017.
4. Objections to Requests to Produce, if any, shall be filed and served within seven days thereafter and in any event by no later than 4pm on Thursday 15 June 2017.
5. Where objections to any Requests to Produce have been made, the Court shall determine those objections and to make a Disclosure Order within the following seven days and in any event by no later than Thursday 22 June 2017.
6. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within seven days thereafter and in any event by no later than 4pm on Thursday 6 July 2017.
7. Where there are no objections to a particular request contained in a Request to Produce, documents responsive to that Request shall be produced within seven days from the date of the Request to Produce, and in any event by no later than 4pm on Thursday, 15 June 2017.
Witness Statements (RDC Part 29)
8. Signed Witness Statements of fact and any notice to reply on hearsay shall be exchanged seven weeks following the close of the disclosure stage, and in any event by no later than 4pm on Thursday 31 August 2017.
9. Any Witness Statement evidence in reply, which shall only respond to evidence raised in the first Witness Statements, shall be filed and served within 14 days thereafter and in any event by no later than 4pm on Thursday 14 September 2017.
10. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Pre-Trial Review and Progress Monitoring Hearing (RDC Part 26)
11. A pre-trial review and progress monitoring hearing shall be listed together to be heard not before Thursday 12 October 2017, being within the normal range of 4 to 8 weeks before trial.
12. The parties are to comply with the requirements for filing documents for the hearing listed in paragraph 11 above in accordance with Part 26 of the RDC.
Trial Bundles (RDC Part 35)
13. The Claimant shall send the Defendant a proposed Trial Bundle index not less than four weeks before the start of the trial and in any event by no later than 4pm on Sunday 12 November 2017.
14. The Trial Bundle shall be agreed between the parties.
15. The Claimant shall provide the Defendant with the Trial Bundle on receipt of the Defendant’s undertaking to pay the Claimant’s reasonable copying costs no later than 14 days before the start of trial and in any event by no later than 4pm on Sunday 26 November 2017.
16. The Claimant shall lodge with the Court the Trial Bundle no later than 14 days before the start of trial and in any event by no later than 4pm on Sunday 26 November 2017.
Reading List, Chronology and Trial Timetable (RDC Part 35)
17. An agreed reading list for trial along with an estimate of time required for reading and an estimated timetable for trial shall be filed with the Court by the Claimant no later than 4pm on Sunday 3 December 2017.
Skeleton Argument and Chronology (RDC Part 35)
18. Skeleton Arguments and Written Opening Statements shall be filed and served by no later than 4pm on Sunday 3 December 2017 for the Claimant and by no later than 4pm on Tuesday 5 December 2017 for the Defendant.
19. The parties shall prepare an agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements which shall be filed with the Court by the Claimant by no later than 4pm on Sunday 3 December 2017. In the event that there are areas of disagreement, the Chronology shall include an agreed Chronology and a Chronology of events which are disputed, with the parties’ respective positions outlined therein.
Trial (RDC Part 35)
20. The trial to take place on Sunday 10 December 2017 and Monday 11 December 2017 with an estimated duration of one and a half days.
Liberty to apply
21. Liberty to apply for further directions.
22. Costs of the Case Management Conference shall be costs in the case.
Maha Al Mehairi
Date of issue: 22 May 2017
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