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CFI 029/2017 Daoud Theodore Youssef v (1) Now Health International Limited (2) Now Health International (Investments) Limited

CFI 029/2017 Daoud Theodore Youssef v (1) Now Health International Limited (2) Now Health International (Investments) Limited

October 8, 2017

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Case No: CFI 029/2017

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BEFORE NASSIR AL NASSER

BETWEEN

DAOUD THEODORE YOUSSEF

Claimant

and

(1) NOW HEALTH INTERNATIONAL LIMITED

(2) NOW HEALTH INTERNATIONAL (INVESTMENTS) LIMITED

Defendants


CASE MANAGEMENT ORDER OF JUDICIAL OFFICER NASSIR AL NASSER


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 Defendants at the Case Management Conference held on 4 October 2017

IT IS HEREBY ORDERED BY CONSENT THAT:

Alternative Dispute Resolution (RDC Part 27)

1.The case is adjourned until 23 November 2017 to enable the parties to use alternative dispute resolution to assist to resolve the dispute.

Agreed List of Issues

2. 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)

3. Standard production of documents shall be made by each party by no later than 4pm on 18 January 2018.

4. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 1 February 2018.

5. Objections to Requests to Produce, if any, shall be filed and served within 7 days thereafter and in any event by no later than 4pm on 8 February 2018.

6. Where objections to any Requests to Produce have been made, the Court shall determine those objections and shall make any disclosure order within the following 7 days and in any event by no later than 4pm on 15 February 2018.

7. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days thereafter and in any event by no later than 4pm on 1 March 2018.

8. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced by no later than 4pm on 1 March 2018.

Witness Statements (RDC Part 29)

9. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 10 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 10 May 2018.

10. Any Witness Statement evidence in reply shall be filed and served within 3 weeks thereafter and in any event by no later than 4pm on 31 May 2018.

11. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.

Expert Reports (RDC Part 31)

12. The Claimant shall file and serve its Expert Quantum Report-if any- on the assessment of the share entitlement within 2 weeks following the close of witness evidence, and in any event no later than 4pm on 14 June 2018.

13. The Defendants shall file and serve their Expert Quantum Report-if any- in reply, in respect of the same assessment by 2 weeks thereafter and in any event no later than 4pm on 28 June 2018.

14. The Claimant shall file and serve its Supplemental Quantum Expert Report- if any-   within 1 week from the date of submission of the Defendants’ Reply Quantum Expert Report-if any- and in any event no later than by 4pm on 5 July 2018.

15. The Defendants shall file and serve their Supplemental Quantum Expert Reports-if any- in reply within 1 week from the date of submission of the Claimant’s Supplemental Expert Report-if any- and in any event no later than by 4pm on 12 July 2018.

16. The Parties’ appointed Experts shall meet 2 weeks following the date of submission of the Defendants’ Reply Supplemental Quantum Expert Reports and in any event no later than 26 July 2018 in an attempt to narrow down differences.

17. The Court will at the pre-trial review consider what directions to give concerning a meeting and discussion between the Experts.

Progress Monitoring Date (RDC Part 26)

18. The Progress Monitoring Date shall be listed at 10am on 2 August 2018.

19. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before the Progress Monitoring Date and in any event by no later than 4pm on 22 July 2018.

Pre-Trial Review (RDC Part 26)

20. A pre-trial review shall be listed at 10am on 23 August 2018, being within the normal range of 4 to 8 weeks before trial.

Trial Bundles (RDC Part 35)

21. Agreed trial bundles shall be filed and served no later than 2 weeks before trial and in any event by no later than 4pm on 20 September 2018.

Reading List and Trial Timetable (RDC Part 35)

22. 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 two clear days before trial and in any event by no later than 4pm on 2 October 2018.

Skeleton Argument and Chronology (RDC Part 35)

23. Skeleton Arguments and Written Opening Statements shall be filed and served two clear days before the start of trial for the Claimant and in any event by no later than 4pm on 11 October 2018 and one clear day before the start of trial for the Defendant and in any event by no later than 4pm on 14 October 2018.

24. 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 9 October 2018. 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)

25. The trial of this matter shall be listed at 10am on 16 October 2018 with an estimated duration of 3 days.

26. Costs of the Case Management Conference shall be costs in the case.

27. The parties shall have liberty to apply.

Issued by:

Lema Hatim

Assistant Registrar

Date of issue: 8 October 2017

At: 3pm