Mireskandari v Associated Newspapers Ltd. [2010] EWHC 967 (QB) (04 May 2010)
The court dismissed the application because the requested disclosure was irrelevant to the issues in the case, the court lacked jurisdiction to make such an order under CPR Part 31 or Part 18, and the application was unnecessary and disproportionate.
- Citation
- [2010] EWHC 967 (QB)
- Parties
- Claimant: Shahrokh Mireskandari; Defendant: Associated Newspapers Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 04 May 2010
- Procedural Posture
- Libel Action / Interlocutory Application for Disclosure; Application to Set Aside Unless Order
- Outcome
- Application dismissed
- Legal Topics
- Libel, Disclosure, Bias, Recusal, Civil Procedure Rules
Case Brief
Summary, issues, holding and outcome
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Parties
Shahrokh Mireskandari
Claimant
Associated Newspapers Ltd
Defendant
Procedural Posture
Libel Action / Interlocutory Application for Disclosure; Application to Set Aside Unless Order
Legal Issues
- 1 Whether the defendant should be ordered to disclose the number and dates of instructions given to Mrs Justice Sharp prior to her judicial appointment
- 2 Whether the application for disclosure is relevant to the issues in the case
- 3 Whether the court has jurisdiction to grant the requested order under CPR Part 31 or Part 18
Ratio Decidendi
The court dismissed the application because the requested disclosure was irrelevant to the issues in the case, the court lacked jurisdiction to make such an order under CPR Part 31 or Part 18, and the application was unnecessary and disproportionate.
Court Disposition
Application dismissed
Orders
- Application for disclosure against the defendant refused
Full Case Text
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