Shergill v Purewal & Anor

Shergill v Purewal & Anor

Both parties bore responsibility for failing to address the non-justiciability of the claim at an earlier stage; the judge erred by only criticising the defendants. A fairer costs order would deprive both parties of costs after the date when both should have appreciated the claim's non-justiciability, except for costs of the application to stay.

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
Civil Appeal / Appeal From High Court (costs Order After Stay of Libel Action)
Outcome
Appeal allowed
Legal Topics
Costs, Justiciability, Libel, Religious Disputes, Discretion in Costs Orders
Civil Procedure Defamation Costs Justiciability Libel Religious Disputes Discretion in Costs Orders

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Parties

Daljit Singh Shergill

Claimant/respondent

Rajinder Singh Purewal

Defendant/appellant

PTI Derby Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (costs Order After Stay of Libel Action)

Legal Issues

  1. 1 Whether the High Court erred in its exercise of discretion regarding costs after staying a libel action as non-justiciable
  2. 2 Whether both parties should be deprived of costs after a certain date due to failure to address justiciability earlier

Ratio Decidendi

Both parties bore responsibility for failing to address the non-justiciability of the claim at an earlier stage; the judge erred by only criticising the defendants. A fairer costs order would deprive both parties of costs after the date when both should have appreciated the claim's non-justiciability, except for costs of the application to stay.

Court Disposition

Appeal allowed

Orders

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