Bam Higgs And Hill LLC v (1) Affan Innovative Structures LLC (2) Amer Affan [2024] DIFC CFI 106 (23 September 2024)

Given the relevance of the documents and absence of evidence of deliberate withholding, the documents are admitted into evidence, but only on strict terms regarding expert reports and costs, to mitigate prejudice to the Claimant.

Source-derived case information.

Citation: [2024] DIFC CFI 106
Parties: Claimant: Bam Higgs And Hill LLC; Defendant: Affan Innovative Structures LLC; Defendant: Amer Affan
Jurisdiction: United Arab Emirates
Judgment Date: 23 September 2024
Procedural Posture: Civil Commercial Dispute / Interlocutory Application (pre Trial Review)
Outcome: Application granted with conditions
Legal Topics: Admissibility of Evidence, Late Disclosure, Expert Evidence, Costs (indemnity Basis)

Civil Procedure Construction Law Admissibility of Evidence Late Disclosure Expert Evidence Costs (indemnity Basis)

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Parties

Bam Higgs And Hill LLC

Claimant

Affan Innovative Structures LLC

Defendant

Amer Affan

Defendant

Procedural Posture

Civil Commercial Dispute / Interlocutory Application (pre Trial Review)

Legal Issues

1 Whether documents disclosed late should be admitted into evidence
2 Appropriate directions for expert reports on newly admitted documents
3 Responsibility for costs arising from late disclosure

Ratio Decidendi

Court Disposition

Application granted with conditions

Orders

Documents at Exhibit PAB-1 to the witness statement of Paul Alexander Blakeway dated 23 August 2024 admitted into evidence subject to directions.
Defendants’ Quantum Expert to file report on the documents by 4pm (GST) on 25 September 2024, failing which Defendants debarred from relying on those documents.

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