Rai v Bholowasia & Anor [2014] EWHC 4501 (QB) (27 November 2014)

Rai v Bholowasia & Anor [2014] EWHC 4501 (QB) (27 November 2014)

Given the defendants' serious and unexplained failure to comply with the order for exchange of witness statements, but in light of the ability to preserve the trial and pre-trial review dates, the court grants a final unless order: unless all witness statements are served by 4pm on 2 December, the defence will be struck out. Payment of wasted costs by 11 December is a condition of defending the proceedings.

Citation
[2014] EWHC 4501
Parties
Claimant: Abkar Singh Rai; First Defendant: Jaskaran Singh Bholowasia; Second Defendant: Pardes Weekly (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
27 November 2014
Procedural Posture
Libel Action / Application to Strike Out Defence for Non Compliance With Court Orders
Outcome
Unless order granted; defence not struck out immediately but will be if conditions are not met.
Legal Topics
Libel, Strike Out Applications, Relief From Sanctions, Witness Statement Exchange, Costs Orders
Defamation Civil Procedure Libel Strike Out Applications Relief From Sanctions Witness Statement Exchange Costs Orders

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Parties

Abkar Singh Rai

Claimant

Jaskaran Singh Bholowasia

First Defendant

Pardes Weekly (UK) Ltd

Second Defendant

Procedural Posture

Libel Action / Application to Strike Out Defence for Non Compliance With Court Orders

Legal Issues

  1. 1 Whether the defence should be struck out for failure to comply with court orders regarding witness statement exchange
  2. 2 Whether an extension of time should be granted for service of witness statements
  3. 3 Whether the defendants should be granted relief from sanctions under CPR 3.8 and 3.9

Ratio Decidendi

Given the defendants' serious and unexplained failure to comply with the order for exchange of witness statements, but in light of the ability to preserve the trial and pre-trial review dates, the court grants a final unless order: unless all witness statements are served by 4pm on 2 December, the defence will be struck out. Payment of wasted costs by 11 December is a condition of defending the proceedings.

Court Disposition

Unless order granted; defence not struck out immediately but will be if conditions are not met.

Orders

  • Unless all witness statements are served by 4pm on 2 December 2014, the defence will be struck out and defendants will not be entitled to defend the proceedings.
  • Defendants must pay wasted costs of £7,550.60 by 4pm on 11 December 2014 as a condition of defending the action.