March 31, 2021 court of first instance - Orders
Claim No. CFI 069/2020
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
TARIG H.A.G RAHAMTALLA
EXPRESSO TELECOM GROUP LTD
CASE MANAGEMENT ORDER OF JUSTICE SIR PETER GROSS
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (“RDC”)
AND UPON reviewing the Case Management Order of Judicial Officer Nassir Al Nasser dated 30 November 2020
AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at the Pre-Trial Review held before Justice Sir Peter Gross on 21 March 2021
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 27 December 2020.
3. The parties shall file and serve a Request to Produce1, if any, by no later than 4pm on 3 January 2021.
4. Objections to Requests to Produce, if any, shall be filed and served within 7 days thereafter and in any event by no later than 4pm on 10 January 2021.
5. Where objections to any Requests to Produce2 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 4pm on 17 January 2021.
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 4pm on 31 January 2021.
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 4pm on 17 January 2021.
Witness Statements (RDC Part 29)
8. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged 3 weeks following the close of the disclosure stage, and in any event by no later than 4pm on 21 February 2021.
9. 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 7 March 2021.
10. The Claimant to file a witness statement with regards to the “transactions of Kool Communications FZE” ordered to be produced by Justice Nassir Al Nasser at paragraph 1 of the Order dated 22 February 2021 and include in the statement what attempts it has made to retrieve such information no later than 4pm on 28 March 2021.
11. The Defendant to file a witness statement confirming whether it is able to retrieve emails or any other document relating to “transactions of Kool Communications FZE”, including emails sent from and to the business address used by the Claimant whilst employed at Express Telecom Group Ltd, and include in the statement what steps it has taken to attempt to retrieve such information no later than 4pm on 28 March 2021.
12. The Defendant to file a statement and evidentiary documentation with regards to the amount it claims for the alleged breach by the Claimant at paragraph 2 of the Defendant’s counterclaim dated 14 October 2020 by no later than 4pm on 28 March 2021
13. Any Witness Statement evidence in reply shall be filed and served within 7 days thereafter and in any event by no later than 4pm on 4 April 2021.
14. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Progress Monitoring Date (RDC Part 26)
15. The Progress Monitoring Date shall be listed at 10am on 14 March 2021.
16. 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 4pm on 11 March 2021.
Pre-Trial Review (RDC Part 26)
17. A pre-trial review shall be listed at 1pm on 21 March 2021, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
18. 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 2 May 2021.
Reading List and Trial Timetable (RDC Part 35)
19. 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 9 May 2021.
Skeleton Argument and Chronology (RDC Part 35)
20. 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 10 May 2021 and one clear day before the start of trial for the Defendant and in any event by no later than 4pm on 11 May 2021.
21. 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 9 May 2021. 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)
22. The trial of this matter shall be listed at 10am on 16 May 2021 with an estimated duration of 1 day.
23. Costs of the Case Management Conference shall be costs in the case.
24. The parties shall have liberty to apply.
Ayesha Bin Kalban
Date of Issue: 31 March 2021
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