Khambay and Another v Nijhar

JurisdictionEngland & Wales
JudgeMr Justice Lewis
Judgment Date18 June 2014
Neutral Citation[2014] EWHC 2289 (QB)
Date18 June 2014
CourtQueen's Bench Division
Docket NumberCase No: TLQ/13/0782

IN THE HIGH COURT OF JUSTICE

QUEENS BENCH DIVISION

The Royal Courts of Justice

Strand

London

WC2A 2LL

Before:

Mr Justice Lewis

Case No: TLQ/13/0782

Between:
Khambay & Another
Claimant/Respondent
and
Nijhar
Defendant/Appellant

Mr D Goodkin appeared on behalf of the Claimant

Mr Nijhar appeared in person

Approved Judgment

Mr Justice Lewis
1

This is an application to adjourn a trial that is listed for Monday of next week. There has already been one adjournment granted in February 2014. The background is that a property transaction took place in 2006. The claimant makes serious allegations against Mr Nijhar. The claimant says that he was fraudulently induced to buy the property. Those are serious allegations against a professional man such as Mr Nijhar. They hang over his head, may make his professional life difficult and will undoubtedly cause him and, I anticipate, his family stress. I bear those matters very firmly in mind.

2

The background to this application is set out in the second witness statement of Mr Oliver Wells. The fact of the matter is that Dr Khambay suffers from alcoholism and it is said that he suffered a relapse in his condition from which he has not yet been able to recover. That appears to have been the position in February and the trial was relisted in the expectation that Dr Khambay would have recovered. There is now further medical evidence, a letter from Dr Cohen, a consultant physician who says that Dr Khambay has in fact not been able to follow the advice in relation to undergoing the relevant treatment and that his condition is deteriorating. He considers that Dr Khambay cannot give a coherent account of himself and is drinking heavily. There is a further longer letter from a Dr Lefebre who was a general practitioner, he has now ceased practicing and appears to run a clinic dealing with people suffering from depression, alcoholism and drug addiction. He expresses his view that Dr Khambay's health has deteriorated and that this is the result of alcoholism rather than any more failures on his part. He expresses the view that if there were to be a hearing next week, Dr Khambay's...

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