Rai v Bholowasia & Anor

Rai v Bholowasia & Anor

The court found the defendants' explanation for non-compliance insufficient, but granted a final extension via an unless order, requiring all witness statements to be served by a specified date and wasted costs to be paid as a condition of defending the proceedings.

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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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
  2. 2 Whether the defendants should be granted an extension of time to serve witness statements
  3. 3 Whether the defendants' explanation for non-compliance is sufficient

Ratio Decidendi

The court found the defendants' explanation for non-compliance insufficient, but granted a final extension via an unless order, requiring all witness statements to be served by a specified date and wasted costs to be paid as a condition of defending the proceedings.

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 or defence will be struck out.
  • Defendants must pay wasted costs of £7,550.60 by 4:00 p.m. on 11th December as a condition of defending the proceedings.