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

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

The court found the defendants' explanations for non-compliance inadequate, but granted a final extension via an unless order, preserving the trial and pre-trial review dates, and conditioned the defence on timely service of witness statements and payment of wasted costs.

Citation
[2014] EWHC 4501 (QB)
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
Legal Topics
Strike Out Application, Relief From Sanctions, Witness Statement Exchange, Costs
Defamation Civil Procedure Strike Out Application Relief From Sanctions Witness Statement Exchange Costs

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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 relief from sanctions should be granted for late witness statements
  3. 3 Whether the defendants' explanation for non-compliance is adequate

Ratio Decidendi

The court found the defendants' explanations for non-compliance inadequate, but granted a final extension via an unless order, preserving the trial and pre-trial review dates, and conditioned the defence on timely service of witness statements and payment of wasted costs.

Court Disposition

Unless order granted; defence not struck out immediately

Orders

  • Defendants must serve all witness statements by 4:00 p.m. on 2nd December 2014 or defence will be struck out
  • Defendants must pay wasted costs of £7,550.60 by 4:00 p.m. on 11th December 2014 as a condition of defending the action