ADGM COURTS PRACTICE DIRECTION 5 CASE MANAGEMENT AND PAPERS FOR TRIAL

Transcription

1 ADGM COURTS PRACTICE DIRECTION 5

2 PRACTICE DIRECTION 5 Table of Contents A. CASE MANAGEMENT... 1 Introduction... 1 Case Management Civil and Employment Divisions... 1 Issue definition... 2 List of issues... 2 Timetables... 2 Hearing and trial dates... 3 B. PAPERS FOR TRIAL... 3 Papers for trial... 3 Practice Direction 5

3 PRACTICE DIRECTION 5 Date first issued: 30 May 2016 This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules Except as provided otherwise in this Practice Direction, terms have the meanings set out in those Rules. A. CASE MANAGEMENT Introduction 5.1. The aim of case management is to further the overriding objective of the Rules: to secure that the ADGM Courts are accessible, fair and efficient. To that end, case management is directed to identifying, as soon as reasonably practicable, the real issues in dispute between the parties and trying those issues fairly and efficiently The Court will manage cases proportionately, having regard to the amounts at stake and the complexity of the issues. Commercial disputes relating to significant sums will be managed intensively; claims falling within the definition of "small claim" will be fixed for trial as soon as reasonably possible. 1 Case Management Civil and Employment Divisions 5.3. The Court may make any order, give any direction or take any step it considers appropriate for the purpose of managing the proceedings The Court will convene a case management conference for all claims filed in the Civil and Employment Divisions within 14 days following the filing of a defence to the claim, or as otherwise ordered by the Court. These first case management conferences will ordinarily be conducted by video or telephone conference as arranged by the Court At the first case management conference, parties' legal representatives should be in a position to fully inform the Court of the following: (a) the issues likely to arise in the proceeding; 1 Amended 1 June Amended 1 June Practice Direction 5 1

4 (b) (c) (d) (e) the directions which each party may seek (including any agreement reached between the parties in regard to those directions); whether it is proposed to file any application notices in respect of pretrial issues and the nature of those pre trial issues; the volume of material likely to comprise standard disclosure between the parties; and any other matter which the legal representatives may wish to bring to the Court's attention to achieve the efficient management of the case to trial. Issue definition 5.6. Parties will always be encouraged, more often than not required, to provide the Court with an agreed list of the issues that are to be litigated. List of issues 5.7. A list of issues is not intended to supersede the parties' statements of case A list of issues should identify the issues neutrally in a way that will best reflect the expected structure of the case. It is a case management tool, not an opportunity for advocacy A list of issues is to be prepared and settled with the least possible expenditure of time and money As a case progresses, the list of issues may change. Timetables If the Court sets a timetable for the taking of steps in a proceeding, the parties should comply with it If the parties agree that the timetable should be adjusted, they should file a written consent of the adjusted timetable using Form CFI Where a written consent is filed, it will be referred to a Judge who may direct the Registrar to enter, sign and seal an order in accordance with the terms of the consent. Such order shall state that it is made by consent and it shall have effect as if made after a hearing by a Judge If the parties cannot agree to make some adjustment which is sought, the parties who are in dispute should each file a very short statement setting out its position and the reasons for it and the Court will ordinarily resolve that dispute on the papers. Practice Direction 5 2

5 Hearing and trial dates When the Court fixes the date for a hearing or a trial, it expects the application or the proceeding to be ready to proceed on that day and at the appointed time. B. PAPERS FOR TRIAL Papers for trial Not less than 7 business days before the date fixed for the commencement of the trial of a proceeding the claimant must file and serve on all other parties a chronology of relevant events cross referenced to relevant documents together with a paginated, indexed bundle of copies of the documents the parties intend to tender in evidence in support of their case. Practice Direction 5 3