Mireskandari v Associated Newspapers Ltd.

Mireskandari v Associated Newspapers Ltd.

The application for disclosure/further information was dismissed because the information sought was irrelevant to the central issues in the case, the court lacked jurisdiction under CPR Part 31 or Part 18, and the application was unnecessary and disproportionate.

Parties
Claimant: Shahrokh Mireskandari; Defendant: Associated Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
04 May 2010
Procedural Posture
Civil Libel / Interlocutory Application for Disclosure/further Information
Outcome
Application dismissed
Legal Topics
Disclosure, Bias, Recusal of Judge, Striking Out of Claim
Defamation Civil Procedure Disclosure Bias Recusal of Judge Striking Out of Claim

Case Brief

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Parties

Shahrokh Mireskandari

Claimant

Associated Newspapers Ltd

Defendant

Procedural Posture

Civil Libel / Interlocutory Application for Disclosure/further Information

Legal Issues

  1. 1 Whether the Defendant should be ordered to disclose instructions given to Mrs Justice Sharp prior to her appointment as a judge due to alleged apparent bias
  2. 2 Whether the application for disclosure/further information is relevant to the issues in the case
  3. 3 Whether the court has jurisdiction to grant the relief sought under CPR Part 31 or Part 18

Ratio Decidendi

The application for disclosure/further information was dismissed because the information sought was irrelevant to the central issues in the case, the court lacked jurisdiction under CPR Part 31 or Part 18, and the application was unnecessary and disproportionate.

Court Disposition

Application dismissed

Orders

  • The application for disclosure/further information is dismissed.