(1) Levent (2) Lexie v Lilika [2021] DIFC CFI 030 (07 March 2021)

The requirements of RDC 30.65-30.67 are satisfied by the Letters Rogatory and supporting evidence. The application is granted, subject to the Registrar's directions on examiner and timing, and with leave for witnesses to apply to vary the scope of documentary production.

Citation: [2021] DIFC CFI 030
Parties: Applicant/defendant: Lilika Industries Inc; Claimant (minnesota Proceedings): Levent; Claimant (minnesota Proceedings): Lexie
Jurisdiction: United Arab Emirates
Judgment Date: 07 March 2021
Procedural Posture: Application for International Judicial Assistance (letters Rogatory) / Order on Application for Examination of Witnesses
Outcome: Application granted
Legal Topics: Letters Rogatory, Taking of Evidence, Examination of Witnesses, DIFC Court Rules

Civil Procedure International Judicial Assistance Letters Rogatory Taking of Evidence Examination of Witnesses DIFC Court Rules

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Parties

Lilika Industries Inc

Applicant/defendant

Levent

Claimant (minnesota Proceedings)

Lexie

Claimant (minnesota Proceedings)

Procedural Posture

Application for International Judicial Assistance (letters Rogatory) / Order on Application for Examination of Witnesses

Legal Issues

1 Whether the DIFC Court should grant an order for the examination of witnesses domiciled in the UAE pursuant to Letters Rogatory from a foreign court
2 Whether the requirements of RDC 30.65-30.67 are satisfied

Ratio Decidendi

Court Disposition

Application granted

Orders

Order for examination of specified witnesses domiciled in the UAE at a date to be fixed by the Registrar
Order for production of documents by each witness prior to examination as directed by the Registrar