Sayed Zulfikar Abbas Bukhari v Syed Tauqeer Bukhari

Sayed Zulfikar Abbas Bukhari v Syed Tauqeer Bukhari

The Defendant's draft Amended Defence does not comply with the required pleading standards for substantial truth in libel and harassment claims. It lacks sufficient particularisation, fails to allege primary facts with specificity, and does not provide the Claimant with adequate knowledge of the case he must meet. The deficiencies previously identified by the court remain unremedied. Permission to amend the Defence in the terms of the June 2023 Draft is refused.

Parties
Claimant: Sayed Zulfikar Abbas Bukhari; Defendant: Syed Tauqeer Bukhari
Jurisdiction
England and Wales
Judgment Date
07 December 2024
Procedural Posture
Civil / Application to Amend Defence
Outcome
Application to amend Defence refused
Legal Topics
Libel, Harassment, Pleading Requirements, Amendment of Defence, Substantial Truth, Protection From Harassment Act 1997, Defamation Act 2013
Defamation Harassment Civil Procedure Libel Pleading Requirements Amendment of Defence Substantial Truth Protection From Harassment Act 1997 +1 more

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Parties

Sayed Zulfikar Abbas Bukhari

Claimant

Syed Tauqeer Bukhari

Defendant

Procedural Posture

Civil / Application to Amend Defence

Legal Issues

  1. 1 Whether the Defendant's draft Amended Defence complies with pleading requirements for substantial truth in libel and harassment claims
  2. 2 Whether permission should be granted to amend the Defence as drafted

Ratio Decidendi

The Defendant's draft Amended Defence does not comply with the required pleading standards for substantial truth in libel and harassment claims. It lacks sufficient particularisation, fails to allege primary facts with specificity, and does not provide the Claimant with adequate knowledge of the case he must meet. The deficiencies previously identified by the court remain unremedied. Permission to amend the Defence in the terms of the June 2023 Draft is refused.

Court Disposition

Application to amend Defence refused

Orders

  • Defendant refused permission to amend Defence in terms of June 2023 Draft