Feyziyev v Radu [2019] EWHC 3372 (QB) (06 December 2019)

The defendant's truth defence is adequately pleaded and sufficiently evidenced to proceed to trial. The issues raised by the claimant are matters for the trial judge and do not justify striking out or summary judgment at this stage. The claimant's delay in making the application further supports its dismissal.

Citation: [2019] EWHC 3372
Parties: Claimant: Javnshir Feyziyev; Defendant: Paul Radu
Jurisdiction: England and Wales
Judgment Date: 06 December 2019
Procedural Posture: Defamation / Interlocutory Application (strike Out/summary Judgment) Prior to Trial
Outcome: Application dismissed
Legal Topics: Defence of Truth, Pleading Requirements, Summary Judgment, Strike Out Applications, Money Laundering Allegations, Bribery Allegations

Defamation Media Law Defence of Truth Pleading Requirements Summary Judgment Strike Out Applications Money Laundering Allegations Bribery Allegations

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Parties

Javnshir Feyziyev

Claimant

Paul Radu

Defendant

Procedural Posture

Defamation / Interlocutory Application (strike Out/summary Judgment) Prior to Trial

Legal Issues

1 Whether the defendant's truth defence is adequately pleaded and evidenced to proceed to trial
2 Whether the truth defence should be struck out or summary judgment entered for the claimant
3 Whether the involvement of third parties prevents adjudication of the truth defence

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Claimant's application of 19 November 2019 to strike out the truth defence or for summary judgment is dismissed
Defendant is entitled to run his defence of truth to trial