September 29, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 033/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
WESTFORD TRADE SERVICES DMCC
Claimant
and
DUBAI INSURANCE CO PSC
Defendant
CASE MANAGEMENT ORDER OF H.E. JUSTICE 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”)
IT IS HEREBY ORDERED BY CONSENT THAT:
Production of Documents
1. Standard production of documents shall be made by each party by no later than 4pm on 2 November 2022.
2. The parties shall file and serve a Request to Produce, if any, within 14 days and by no later than 4pm on 16 November 2022.
3. Objections to Requests to Produce, if any, shall be filed and served by 4pm on 23 November 2022.
4. 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 4pm on 30 November 2022.
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 14 days and by no later than 4pm on 7 December 2022.
6. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days from the date of the Order.
7. In the event that the Defendant obtains additional underlying documentation from the Liquidator of Phoenix which would be disclosable in these proceedings by 15 January 2023, the parties agree that a further round of document production will take place before the exchange of witness statements. This further round of disclosure will last for 6 weeks and will result in all subsequent deadlines being pushed back 7 weeks, with dates to be formalized in a Consent Order signed between the parties. The Defendant shall have 7 days from receipt of documentation from the Liquidator to make their second round of standard production. The timeframe for the subsequent steps in the further round of disclosure shall mirror the periods set out in paragraphs 2 to 6 above.
8. If additional underlying documentation from the Liquidator of Phoenix is received after 15 January 2023, the parties will have liberty to apply to the Court to amend the timetable to allow for a further round of document production and to amend statements of case (if required).
9. If the Claimant obtains additional documentation from the Liquidator of Phoenix, that documentation will be disclosed and the parties will seek to agree any consequential revisions to the timetable.
Witness Statements
10. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged within 8 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 1 February 2023.
11. Any Witness Statement evidence in reply shall be filed and served within 2 weeks thereafter and in any event by no later than 4pm on 15 February 2023.
12. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports
13. Each party shall have permission to rely on the written evidence of an underwriting expert, specialized in trade credit insurance.
14. Expert Reports shall be filed and served by no later than 4pm on 8 March 2023.
15. Reply Expert Reports, limited to points raised by the opposing expert shall be filed and served by no later than 4pm on 22 March 2023.
16. The parties’ experts shall pursuant to RDC 31.58 meet by telephone conference, video conference, or in person, to discuss their evidence by 29 March 2023.
17. The parties’ experts shall, pursuant to RDC 31.63 following their meeting and by 5 April 2023, draw up and sign a joint memorandum recording each of the matters set out at RDC 31.63, sub-paragraphs (1) – (4).
Progress Monitoring Date
18. The Progress Monitoring Date shall be listed within two weeks of the close of expert evidence, during the week commencing 17 April 2023.
19. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before the Progress Monitoring Date.
Pre-Trial Review
20. The Pre-Trial Review shall be listed during the week commencing 15 May 2023.
21. At the Pre-Trial Review, the court shall consider among other matters the joint memorandum of the experts and decide whether oral evidence from the experts at trial is reasonably required.
Trial Bundles
22. Agreed trial bundles shall be filed and served no later than 2 weeks before trial.
Reading List and Trial Timetable
23. 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 7 days before trial.
Skeleton Argument and Chronology
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 10 days before the start of 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.
25. Skeleton arguments and Written Opening Statements for the Claimant and the Defendant shall be filed and served by no later than 5 days before the start of trial.
Trial
26. The trial of this matter shall be listed during the week commencing 26 June 2023 with an estimated duration of 5 days.
27. Costs of the Case Management Conference shall be costs in the case.
Other Provisions
28. The parties have liberty to apply.
Issued by:
Ayesha Bin Kalban
Acting Registrar
Date of issue: 29 September 2022
At: 3pm