CFI 005/2011 - Order
CFI 005/2011 - Order
December 20, 2011  court of first instance - Orders,Orders
Claim No. CFI 005/2011
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE
COURTS
IN THE
COURT
OF FIRST INSTANCE
IN THE MATTER OF
DR. DAVID DORSEY
Claimant
and
UNION PROPERTIES PJSC
Defendant
And by
Counterclaim
under RDC Part 21
BETWEEN:
UNION PROPERTIES PJSC
Claimant
and
DR. DAVID DORSEY
Defendant
AMENDED ORDER
UPON
the Claimant's Application No 52/2011 of 3 November 2011 ("the Application")
AND UPON
reading the CMC bundle filed by the Claimant including the statements of case and recent open correspondence between the parties
AND UPON
reading the parties' skeleton arguments and hearing the submissions from both parties' attorneys
AND UPON
reading the parties' request to adjust the timetable of the Case Management Order issued on 14 December 2011
WITH THE CONSENT OF THE PARTIES IT IS ORDERED THAT:
The Application
Re-Amendment of Particulars of Claim
1. The Claimant be permitted to re-amend the Particulars of Claim as shown in the draft Re-Amended Particulars of Claim attached to the Application.
2. The Claimant shall file and serve the Re-Amended Particulars of Claim by
4 pm on 17 November 2011
.
3. The Defendant be permitted to amend its Statement of Defence and Counter-claim to plead to the re-amendments to the Particulars of Claim, and shall file and serve any Amended Statement of Defence and Counterclaim
by 4 pm on 1 December 2011.
4. If required, the Claimant shall be permitted to amend its Reply and Defence to Counterclaim, and shall file and serve any Amended Reply and Defence to Counterclaim by
4pm on 15 December 2011.
5. The Defendant shall be entitled to its costs of and arising from the Claimant's amendments.Such costs to be referred for detailed assessment if not agreed.
Request for Further Information
6. The request for further information is rejected.
Permission for expert evidence
7. Both parties shall be permitted to rely at trial upon the evidence of experts on, inter alia, the issue of the quality of the finish and fittings of the Unit and the relevant common parts and amenities, on the issue of market practices within Dubai and the
DIFC
and, further, to provide any necessary and appropriate valuations.
8. On or before 29 February 2012 the parties shall exchange their proposed instructions to their experts on the areas on which expert opinion is required.
Inspection
9. The Claimant's expert(s) shall be permitted access to the Unit for up to 2 full days in order to inspect the Unit and the common parts and common amenities with a view to preparing an expert report, provided that no less than 14 days' notice has been given in writing to the Defendant's attorneys.
10. The Claimant shall preserve the existing state of the Unit, and shall not until further order take any steps, whether itself or by any of its servants and/or agents or howsoever, to improve the condition of the Unit until such time as the Claimant receives written notice from the Defendant that its expert has completed his inspection of the Unit and common parts.
Case Management Directions
(a) The parties are ordered to mediate their various claims under RDC Part 27, Justice by Reconciliation procedures.
(b) On or before
2 February, 2012
the parties shall exchange the names of 3 neutral individuals who are available to conduct justice by reconciliation procedures in this case prior to
29 March, 2011.
(c) On or before
9 February, 2012
the parties shall in good faith endeavour to agree a neutral individual from the names so exchanged and provided.
(d) Failing such agreement by
9 February, 2012
the Case Management Conference will be restored to enable the
Court
to facilitate agreement on a neutral individual or panel.
(e) The parties shall take such serious steps as they may be advised to resolve their disputes by justice by reconciliation procedures before the neutral individual so chosen by no later than
29 March, 2011.
(f) If the case is not finally settled, the parties shall inform the Court by letter prior to exchange of witness statements what steps towards justice by reconciliation have been taken and (without prejudice to matters of privilege) why such steps have failed. If the parties have failed to initiate justice by reconciliation procedures, the Case Management Conference is to be restored for further consideration of the case.
11. Taking into account the above Orders, the Court and the parties have agreed to the following case management timetable. However, the timetable shall only continue after the date set for justice by reconciliation if such mediation fails to resolve matters between the parties.
No
DATE
EVENT
1
Service
of Re-Amended Particulars of Claim
17 November 2011
2
Service of Amended Defence and Counterciaim
1 December 2011
3
Service of Amended Reply to Defence and Counterclaim
11 December 2011
4
Standard disclosure
5 January 2012
5
Request for production of specific documents (if any) (Redfern schedule)
12 January 2012
6
Production of documents/objections
2 February 2012
7
Exchange of lists of 3 neutral individuals who are available to conduct justice by reconciliation
15 February 2012
8
Replies to objections
9 February 2012
9
Agreed neutral individual
9 February 2012
10
Hearing to determine decision on production
23 February 2012
11
CMC to facilitate agreement on a neutral individual
23 February 2012
12
Production
8 March 2012
13
Stay
for use of Justice by Reconciliation (RDC Part 27)
29 April 2012
14
Exchange of witness statements
29 April 2012
15
Exchange of experts' reports
27 May 2012
16
Meetings of experts on or before
17 June 2012
17
Exchange of supplemental witness statements
24 June 2012
18
Joint experts' reports or final experts' reports
8 July 2012
19
Pre-trial review
22 July 2012
20
Progress monitoring date
29 July 2012
21
Sending pre-trial checklists to the Court
29 April 2012
22
Trial
Week commencing 2 September 2012
Costs
12. The costs of the CMC hearing and any other cost ( if any ) will be costs in the case.
Shamlan Alsawalehi
Judicial Officer
Date of Issue: 20 December 2011
At: 12pm