Feyziyev v Radu
The truth defence is adequately pleaded and sufficiently evidenced to proceed to trial; the application to strike out or for summary judgment is dismissed as the issues require full investigation at trial.
- Parties
- Claimant: Javnshir Feyziyev; Defendant: Paul Radu
- Jurisdiction
- England and Wales
- Judgment Date
- 06 December 2019
- Procedural Posture
- Defamation / Pre Trial Review, Application to Strike Out Defence or for Summary Judgment
- Outcome
- Application dismissed; truth defence to proceed to trial
- Legal Topics
- Truth Defence, Strike Out Applications, Summary Judgment, Pleading Requirements, Money Laundering, Bribery, Corruption
Case Brief
Summary, issues, holding and outcome
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Parties
Javnshir Feyziyev
Claimant
Paul Radu
Defendant
Procedural Posture
Defamation / Pre Trial Review, Application to Strike Out Defence or for Summary Judgment
Legal Issues
- 1 Whether the defendant's truth defence is adequately pleaded and evidenced to proceed to trial
- 2 Whether the defence should be struck out or summary judgment granted against it
- 3 Whether constructive knowledge or gross negligence is sufficient for criminal involvement in money laundering/bribery
Ratio Decidendi
The truth defence is adequately pleaded and sufficiently evidenced to proceed to trial; the application to strike out or for summary judgment is dismissed as the issues require full investigation at trial.
Court Disposition
Application dismissed; truth defence to proceed to trial
Orders
- Permission to abridge time for notice granted
- Defendant entitled to run truth defence to trial
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