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CFI 030/2018 Barclays Bank PLC vs Mr Anand Narain Kapoor

CFI 030/2018 Barclays Bank PLC vs Mr Anand Narain Kapoor

July 31, 2018

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CLAIM NO: CFI-030-2018

IN THE DUBAI INTERNATIONAL FINANCE CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BETWEEN

BARCLAYS BANK PLC

Claimant

and

 

MR ANAND NARAIN KAPOOR

Defendant


CASE MANAGEMENT CONFERENCE ORDER OF  JUDICIAL OFFICER MAHA ALMEHAIRI


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(s) and Counsel for the Defendant(s) at the Case Management Conference held before Judicial Officer Maha AlMehairi on Monday 23 July 2018 at 10am

IT IS HEREBY ORDERED BY CONSENT 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 4 pm on Thursday 30 August 2018.

3. The parties shall file and serve a Request to Produce, if any, by no later than 4 pm on Thursday 13 September 2018.

4. Objections to Requests to Produce, if any, shall be filed and served within 14 days thereafter and in any event by no later than 4 pm on Thursday 27 September 2018.

5. 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 Thursday 11 October 2018.

6. 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 4 pm on Thursday 25 October 2018.

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 14 days from the date of the Request to Produce, and in any event by no later than 4 pm on Thursday 27 September 2018.

Witness Statements (RDC Part 29)

8. Signed statements of witnesses of fact, and hearsay notices where required by the RDC, shall be exchanged 8 weeks following the close of the disclosure stage, and in any event by no later than 4 pm on Thursday 13 December 2018.

9. Any Witness Statement evidence in reply shall be filed and served within two weeks thereafter and in any event by no later than 4 pm on Thursday 10 January 2019.

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

Expert Reports (RDC Part 31)

11. Each party has liberty to file a written brief on the following UAE law issues, within three weeks of the close of witness evidence, and in any event by no later than 4 pm on Thursday 31 January 2019:

(a) whether the Claimant issued the Clause 8 Demand under the Facilities in compliance with its obligations under Article 106 of the UAE Civil Code, Federal Law No. 5 of 1985, as amended.

(b) If the Claimant breached its obligations under Article 106, whether the breach:

i) discharges the Companies’ obligations to settle the trade loan contracts upon the maturity dates; and/or

ii) discharges the Defendant’s obligations to the Claimant under the Guarantee.

(c) Whether under UAE law, the Settlement Agreement has been terminated.

Progress Monitoring Date (RDC Part 26)

12. The Progress Monitoring Date shall be listed to take place four weeks after exchange of expert witness reports and in any event no later than 4 pm on Thursday 7 February 2019.

13. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before progress monitoring date and in any event by no later than 4 pm on Monday 4 February 2019.

Pre-Trial Review (RDC Part 26)

14. A pre-trial review shall be listed on a date to be determined, to take place within the normal range of 4 to 8 weeks before trial.

Trial Bundles (RDC Part 35)

15. Agreed trial bundles shall be filed and served no later than 2 weeks before trial and in any event by no later than 4 pm on Sunday 24 March 2019.

Reading List and Trial Timetable (RDC Part 35)

16. 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 4 pm on Tuesday 2 April 2019.

Skeleton Argument and Chronology (RDC Part 35)

17. Skeleton Arguments and Written Opening Statements 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.

18. 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 one week before 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)

19. The trial of this matter shall be listed on 30 April – 2 May inclusive with an estimated duration of 3 days.

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

21. The parties shall have liberty to apply.

 

 

Issued by:

Ayesha Bin Kalban

Assistant Registrar

Date: 31July 2018

At: 3pm

 

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