Sayed Zulfikar Abbas Bukhari v Syed Tauqeer Bukhari

Sayed Zulfikar Abbas Bukhari v Syed Tauqeer Bukhari

The defendant's draft Amended Defence is inadequately particularised but represents a significant improvement; the defects identified do not justify striking out or summary judgment at this stage, as the defendant should be given a further opportunity to amend and properly particularise his defence, especially given the seriousness of the allegations and the engagement of Article 10 rights.

Parties
Claimant: Sayed Zulfikar Abbas Bukhari; Defendant: Syed Tauqeer Bukhari
Jurisdiction
England and Wales
Judgment Date
01 March 2023
Procedural Posture
Civil (libel and Harassment) / Application to Strike Out Defence and for Summary Judgment
Outcome
Application dismissed; defendant given further opportunity to amend defence.
Legal Topics
Libel, Harassment by Publication, Summary Judgment, Strike Out Applications, Pleading Requirements, Truth Defence, Serious Harm, Article 10 ECHR
Defamation Harassment Civil Procedure Libel Harassment by Publication Summary Judgment Strike Out Applications Pleading Requirements +3 more

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Parties

Sayed Zulfikar Abbas Bukhari

Claimant

Syed Tauqeer Bukhari

Defendant

Procedural Posture

Civil (libel and Harassment) / Application to Strike Out Defence and for Summary Judgment

Legal Issues

  1. 1 Whether the defendant's defence should be struck out for non-compliance with pleading requirements
  2. 2 Whether summary judgment should be entered for the claimant on libel and harassment claims
  3. 3 Whether the defence of truth is adequately particularised

Ratio Decidendi

The defendant's draft Amended Defence is inadequately particularised but represents a significant improvement; the defects identified do not justify striking out or summary judgment at this stage, as the defendant should be given a further opportunity to amend and properly particularise his defence, especially given the seriousness of the allegations and the engagement of Article 10 rights.

Court Disposition

Application dismissed; defendant given further opportunity to amend defence.

Orders

  • Defendant to be given a further opportunity to amend the draft Amended Defence and remedy the identified defects.
  • Precise terms of the order to be determined after hearing the parties.