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CFI 015/2018 ED&F Man Capital Markets Mena Limited (2) ED&F Man Capital Markets Limited v (1) Sayyed Hussain (2) RJ O’Brien Mena Capital Limited (3) Stephen Ghallami

CFI 015/2018 ED&F Man Capital Markets Mena Limited (2) ED&F Man Capital Markets Limited v (1) Sayyed Hussain (2) RJ O’Brien Mena Capital Limited (3) Stephen Ghallami

April 5, 2018

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Claim No. CFI 015/2018

IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

THE COURT OF FIRST INSTANCE

BETWEEN

(1) ED&F MAN CAPITAL MARKETS MENA LIMITED
(2) ED&F MAN CAPITAL MARKETS LIMITED

Claimants/Applicants

and

(1) SAYYED HUSSAIN
(2) RJ O’BRIEN MENA CAPITAL LIMITED
(3) STEPHEN GHALLAMI

CONSENT ORDER

 

PENAL NOTICE

IF YOU (1) SAYYED HUSSAIN, (2) RJ O’BRIEN MENA CAPITAL LIMITED; (3) STEPHEN GHALLAMI DISOBEY YOUR UNDERTAKINGS YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE YOUR ASSETS SEIZED.

ANY PERSON WHO KNOWS OF THIS ORDER CONTAINING UNDERTAKINGS AND DISOBEYS THE UNDERTAKINGS OR DOES ANYTHING WHICH HELPS OR PERMITS ANY PERSON TO WHOM THIS ORDER APPLIES TO BREACH THE UNDERTAKINGS MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED

Notice to (1) Sayyed Hussain; (2) RJ O’Brien MENA Capital Limited; (3) Stephen Ghallami (together “the Defendants”)

THIS ORDER containing Undertakings prohibits you from doing the acts set out in your Undertakings. You should read it all carefully. You are advised to consult a solicitor as soon as possible. You have a right to ask the Court to vary or discharge this Order.

If you disobey your Undertakings you may be found guilty of Contempt of Court and you (or in the case of a company, its directors) may be sent to prison or fined or your assets may be seized.

UPON the Application of the Claimant dated 21 March 2018

AND UPON a hearing being listed before H.E. Justice Omar Al Muhairi, before which the parties agreed the terms of this Order

AND UPON  the witness statement of Mr Stephen Hawksworth on behalf of the Claimants

AND UPON the First Defendant giving Undertakings to the Court as set out in Schedule A and the Second Defendant giving Undertakings to the Court as set out in Schedule B and the Third Defendant giving Undertakings to the Court as set out in Schedule C

AND UPON the Claimants and Defendants having agreed the terms of Confidential Schedule E

INTERPRETATION

1.            Unless otherwise stated, references in this order to ‘the Defendant’ or ‘the Respondent’ mean any or all of them; and this Order containing Undertakings is effective against any Defendant on whom it is served or who is given notice of it.

2.            A Defendant who is an individual who has undertaken not to do something shall not do it himself or in any other way. He shall not do it through others acting on his behalf or on his instructions or with his encouragement.

3.            In this Order containing Undertakings the words ‘he’, ‘him’ or ‘his’ include ‘she’ or ‘her’ and ‘it’ or ‘its’.

COSTS

4. Costs reserved to the Trial Judge.

DIRECTIONS

5.        There shall be a trial limited to issues of liability and injunctive relief only (“the Liability Trial”) with directions as set out below.

6.         By 4 pm on 18 April 2018 the Claimants shall serve Particulars of Claim.

7.          By 4 pm on 23 May 2018, the Defendants shall serve Acknowledgments of Service and Defences.

8.          By 4 pm on 30 May 2018, the Claimants shall serve any Reply.

9.          By 4 pm on 27 June 2018, there shall be production of documents by list on and provision of copy documents by 4 pm on 4 July 2018.

10.        Parties to agree trial bundles by 4 pm on 12 September 2018.

11.         By 4 pm on 10 October 2018, the parties shall file and exchange witness statements.

12.         No expert evidence being necessary for the Liability Trial, no party has permission to rely upon expert evidence.

13.         The Claimants shall lodge the trial bundle at Court 3 clear days before the first day of the date fixed for trial.

14.         The parties shall file and exchange skeleton arguments by 10 am 2 clear days before the first day of the date fixed for trial.

15.          Liability Trial to take place in the DIFC Court of First Instance with a time estimate of 5 days on on 16 to 20 December 2018.

16.          There shall be liberty to apply.

17.          Parties may agree in writing to vary the dates for compliance with these directions by up to 28 days without the need to apply to the Court.

PARTIES OTHER THAN THE APPLICANT AND RESPONDENTS

18.         It is a contempt of court for any person notified of this Order containing Undertakings knowingly to assist in or permit a breach of the Undertakings. Any person doing so may be imprisoned, fined or have their assets seized.

NAME AND ADDRESS OF CLAIMANT’S SOLICITORS

1.            The Claimants’ Legal Representatives in the DIFC Courts are

Afridi & Angell

Jumeirah Emirates Financial Towers, Level 35

Sheikh Zayed Road

PO Box 9371

Dubai

United Arab Emirates

Tel:  +971 4 330 3900

Fax: +971 4 330 3800

E-mail: swalker@afridi-angell.com

ssenanayake@afridi-angell.com

COMMUNICATION WITH THE COURT

1.            All communications with the Court about this Order should be sent to:

Ground Floor, Building 4, Gate District, UAE

Telephone: + 971 4 427 3333

Fax: +971 4 427 3330

Email: registry@difccourts.ae

The offices are open between 10am to 5pm, Sunday to Thursday (excluding Public Holidays).

Issued by:

Natasha Bakirci

Senior Assistant Registrar

Date of issue: 3 April 2018

At: 4pm

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