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CFI 027/2017 Abu Dhabi Islamic Bank Pjsc v Allen & Overy LLP

CFI 027/2017 Abu Dhabi Islamic Bank Pjsc v Allen & Overy LLP

February 4, 2018

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Claim No: CFI-027-2017

IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BETWEEN

 

ABU DHABI ISLAMIC BANK PJSC

Claimant

and

 

ALLEN & OVERY LLP

Defendant


REAMENDED CASE MANAGEMENT ORDER OF JUDICIAL OFFICER MAHA AL MEHAIRI


UPON reviewing the Court file

AND UPON reading the Case Management Bundle

AND UPON reviewing the Rules of the DIFC Courts (“RDC”)

AND UPON the parties confirming to the DIFC Courts’ Registry that all case management directions have been agreed

AND UPON the Pre Trial Review date being changed to reflect the new date

AND UPON the parties agreeing to further amendments on 1 February 2018

IT IS HEREBY ORDERED BY CONSENT THAT:

Production of Documents (RDC Part 28)

1.Standard production of documents shall be made by each party by no later than 4pm on 8 February 2018.

2. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 22 February 2018.

3. Objections to Requests to Produce, if any, shall be filed and served within 14 days thereafter and in any event by no later than 4pm on 8 March 2018.

4. 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 14 days and in any event by no later than 22 March 2018.

5. 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 5 April 2018.

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 24 days from the date of the Request to Produce, and in any event by no later than 4pm on 18 March 2018.

Witness Statements (RDC Part 29)

7. 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 7 June 2018.

8. 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 28 June 2018.

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

Expert Reports (RDC Part 31)

10. The parties are at liberty to apply to the Court for permission to rely on expert evidence and if so a further CMC shall be convened for this purpose on the first available date following 7 June 2018 at which time the parties shall further provide: (i) the identity of those experts; (ii) their field of expertise; and (iii) state the facts or circumstances on which the expert reports are required.

Progress Monitoring Date (RDC Part 26)

11. The Progress Monitoring Date shall be listed at 10am on 19 July 2018.

12. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before the Progress Monitoring Date.

Pre-Trial Review and Progress Monitoring Hearing (RDC Part 26)

13. A Pre-Trial Review shall be listed at 2pm on Monday, 27 August 2018.

Trial Bundles (RDC Part 35)

14. Agreed trial bundles shall be filed and served no later than 2 weeks before the trial commencement date.

Reading List and Trial Timetable (RDC Part 35)

15. 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 earlier than 7 clear days before trial.

Skeleton Arguments and Chronology (RDC Part 35)

16. Skeleton Arguments are not to exceed 50 pages and shall be filed and served two clear days before the start of trial for the Claimant and one clear day before the start of trial for the Defendant.

17. 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 five clear days before the start of the trial. 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)

18. The trial of this matter shall be listed on 17 September 2018 with an estimated duration of 6-8 days.

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

20. The parties shall have liberty to apply.

Issued by:

Nassir Al Nasser

Judicial Officer

Date of issue: 28 December 2017

Date of re-issue: 14 January 2018

Date of second re-issue: 4 February 2018

At: 12pm

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