Eshraq Investments PJSC v Shehab M. Gargash & Others [2023] DIFC CFI 077 (02 February 2023)

Eshraq Investments PJSC v Shehab M. Gargash & Others [2023] DIFC CFI 077 (02 February 2023)

The extension of time was granted because the expert report is crucial to the case and the Claimant should be given an opportunity to submit it, despite the lapse of the original deadline, balancing the interests of justice and procedural fairness.

Citation
[2023] DIFC CFI 077
Parties
Claimant: Eshraq Investments PJSC; Defendants: Shehab M. Gargash & Others
Jurisdiction
United Arab Emirates
Judgment Date
02 February 2023
Procedural Posture
Civil / Interlocutory Application (extension of Time)
Outcome
Extension of time granted
Legal Topics
Extension of Time, Expert Evidence, Case Management
Civil Procedure Extension of Time Expert Evidence Case Management

Case Brief

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Parties

Eshraq Investments PJSC

Claimant

Shehab M. Gargash & Others

Defendants

Procedural Posture

Civil / Interlocutory Application (extension of Time)

Legal Issues

  1. 1 Whether the Claimant should be granted an extension of time to file and serve expert reports

Ratio Decidendi

The extension of time was granted because the expert report is crucial to the case and the Claimant should be given an opportunity to submit it, despite the lapse of the original deadline, balancing the interests of justice and procedural fairness.

Court Disposition

Extension of time granted

Orders

  • The Extension of Time Application is granted.
  • The time for the Claimant to file and serve expert reports is extended to 4pm on Thursday, 9 February 2023.