January 19, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 055/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
NS INVESTMENTS LIMITED
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”)
AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at the Case Management Conference held before H.E. Justice Nassir Al Nasser on 16 January 2023
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 31 January 2023.
2. The parties shall file and serve a Request to Produce1, if any, by no later than 4pm on 13 February 2023.
3. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 4 days from the date of the Request to Produce, and in any event by no later than 4pm on 17 February 2023.
4. Objections to Requests to Produce, if any, may be filed and served by no later than 4pm on 17 February 2023.
5. If a party is not satisfied with the objections to any Requests to Produce,2 it may apply to the Court for a Document Production Order immediately using the Part 23 Form (the “Document Production Application”). The usual timelines under RDC 23, for progression of such an application, will apply.
6. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.
7. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 7 days from the date of the Order.
Witness Statements (RDC Part 29)
8. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 4 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 10 April 2023.
9. 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 1 May 2023.
10. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Pre-Trial Review (RDC Part 26)
11. A pre-trial review shall be listed at 11am on 25 May 2023, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
12. 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 9 June 2023.
Reading List and Trial Timetable (RDC Part 35)
13. 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 20 June 2023.
Skeleton Argument and Chronology (RDC Part 35)
14. Skeleton Arguments and Written Opening Statements shall be filed and exchanged simultaneously by 4pm on 20 June 2023.
15. 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 20 June 2023. 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)
16. The trial of this matter shall be listed at 10am on 23 June 2023 with an estimated duration of 1 day.
17. Costs of the Case Management Conference shall be costs in the case.
18. The parties shall have liberty to apply.
Date of issue: 19 January 2023