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CFI 043/2017 Hepher Associates LTD. v Rasana Engineering Industries Co. LLC

CFI 043/2017 Hepher Associates LTD. v Rasana Engineering Industries Co. LLC

November 1, 2018

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Claim No. CFI-043-2017

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BEFORE JUDICIAL OFFICER NASSIR AL NASSER

BETWEEN

HEPHER ASSOCIATES LTD.

Claimant

and

RASANA ENGINEERING INDUSTRIES CO. LLC

Defendant


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 Defendant at the Case Management Conference held before Judicial Officer Nassir Al Nasser on 23 September 2018

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 4pm on 4 November 2018.

3. The parties shall file and serve a Request to Produce, if any, by no later than 4pm on 12 November 2018.

4. Objections to Requests to Produce, if any, shall be filed and served no later than 4pm on 18 November 2018.

5. Where objections to any Requests to Produce have been made, the Court shall determine those objections and shall make any disclosure order no later than 25 November 2018.

6. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement no later than 4pm on 4 December 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 no later than 4pm on 4 December 2018.

Witness Statements (RDC Part 29)

8. Witness Statements in support of the Claimant’s case shall be submitted by no later than 4pm on 15 December 2018 and Witness Statements in support of the Defendant’s case shall be submitted by no later than 4pm on 16 December 2018.

9. Any Witness Statement evidence in reply shall be filed and served no later than 4pm on 23 December 2018.

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

Expert Reports (RDC Part 31)

11. The Claimant shall file and serve any Expert Report(s) within two weeks of the close of witness evidence, and in any event by no later than 4pm on 10 January 2019 in respect of the following issues:

(a) to give clear statement of the payments and to proof the difference and the mixed up payments (if any )

12. The Defendant shall file and serve any Expert Report(s) in respect of those same issues within two weeks thereafter, and in any event by no later than 4pm on 24 January 2019.

Pre-Trial Review (RDC Part 26)

13. A pre-trial review shall be listed at 10am on 17 February 2019, being within the normal range of 4 to 8 weeks before trial.

Trial Bundles (RDC Part 35)

14. 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 15 March 2019.

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 later than 4pm on 27 March 2019.

Skeleton Argument and Chronology (RDC Part 35)

16. 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 27 March 2019 and one clear day before the start of trial for the Defendant and in any event by no later than 4pm on 28 March 2019.

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 by no later than 4pm on 24 March 2019. 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 at 10am on April 1, 2019 with an estimated duration of two days.

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

20. The parties shall have liberty to apply.

 

Issued by:

Ayesha Bin Kalban

Assistant Registrar

Date of issue: 31 October 2018

Date of re-issue: 1 November 2018

At: 10am

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