Shergill v Purewal & Anor [2011] EWCA Civ 815 (22 June 2011)

Shergill v Purewal & Anor [2011] EWCA Civ 815 (22 June 2011)

Both parties bore responsibility for failing to resolve the justiciability issue at an early stage; the judge erred by criticising only the defendants. A fairer costs order is to deprive both parties of costs after the relevant date, except for the costs of the application for a stay.

Citation
[2011] EWCA Civ 815
Parties
Claimant/respondent: Daljit Singh Shergill; Defendant/appellant: Rajinder Singh Purewal; Defendant/appellant: PTI Derby Limited
Jurisdiction
England and Wales
Judgment Date
22 June 2011
Procedural Posture
Appeal (civil) / Appeal From High Court Costs Order Following Stay of Libel Action
Outcome
Appeal allowed
Legal Topics
Costs, Justiciability, Libel, Religious Disputes
Civil Procedure Defamation Costs Justiciability Libel Religious Disputes

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Parties

Daljit Singh Shergill

Claimant/respondent

Rajinder Singh Purewal

Defendant/appellant

PTI Derby Limited

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From High Court Costs Order Following Stay of Libel Action

Legal Issues

  1. 1 Whether the High Court judge erred in his exercise of discretion regarding costs after staying a libel action as non-justiciable due to religious doctrinal issues.

Ratio Decidendi

Both parties bore responsibility for failing to resolve the justiciability issue at an early stage; the judge erred by criticising only the defendants. A fairer costs order is to deprive both parties of costs after the relevant date, except for the costs of the application for a stay.

Court Disposition

Appeal allowed

Orders

  • No order for costs after 17 June 2010 except for costs of the application for a stay; judge's order before 17 June 2010 and for the application for a stay left untouched.