Tariq Siddiqi v John Aidiniantz & Others

APPROVED JUDGMENT

There are a number of applications before the Court. Not all of them are going to be decided by me today for reasons that I hope will become clear in the course of my judgment. The procedural history underlying this claim is somewhat complicated and it is relevant to the applications. I will therefore need to set it out in some detail.

The proceedings themselves were commenced by Mr Tariq Siddiqi, the Claimant, by a Claim Form lodged with the Court on 10 January 2019. Soon after issuing the proceedings, the Claimant issued an application notice seeking an injunction to restrain the Defendants from publishing certain material on a website. Shortly after being served with the proceedings and this application, the Defendants made an application to strike out the Claimant's claims and/or for summary judgment.

That substantive application was heard by Warby J and was the subject of a detailed judgment dated 24 May 2019: see Siddiqi v Aidiniantz & Ors [2019] EWHC 1321 (QB).

Warby J's judgment provides a comprehensive description of the nature and identity of the parties, the underlying dispute and the claims then being pursued by the Claimant. I can accordingly summarise matters more briefly.

The underlying action is essentially a spin-off of a long-running dispute over a family business, that is the Sherlock Holmes Museum in Baker Street, London. As described in more detail by Warby J, the particular claims made by the Claimant in this claim can be seen as an aspect of that underlying dispute. Before Warby J, and in response to the application to which I have just made reference (that is, the Defendants' application for striking out and summary judgment), the Claimant expressly abandoned his original claims in their entirety and sought to respond to that application by substituting new wording in a draft amended Claim Form. I refer here to paragraph 10 of Warby J's judgment where he explained the position as follows:

“The defendants now apply, by notice dated 12 April 2019, for orders striking out the claims and entering summary judgment in favour of the second to fifth defendants. The claimant has responded by indicating that he now wishes to abandon the original Claim Form and Particulars of Claim, and to substitute entirely new wording by amendment. His draft amendments would drop the claims for blackmail and defamation. They would retain the claim in harassment. But they would add further causes of action. The draft Amended Claim identifies five causes of action, as follows (except that I have added the numbering in square brackets):

“The Claimant claims damages for [1] conspiracy to injure by unlawful means and/or [2] wrongful interference and/or [3] breach of confidence and/or [4] harassment and/or [5] interference with his Article 8 rights by (i) the creation of websites in his name and without his consent namely [ Web addresses specified] and the use of them to publish and promote false derogatory and damaging allegations of him and his family (ii) the publication of false derogatory and damaging allegations of him and his family both online and to third parties and (iii) the publication of private and confidential information relating to him and his family.”

…”

Following what was clearly a lengthy and involved hearing, Warby J came to certain conclusions in paragraph 85 of his judgment. He said:

“For all these reasons, I refuse permission to amend the case against the first defendant in the form of the draft proposed. This decision is final so far as it relates to the claims in conspiracy, wrongful interference, and under the Human Rights Act. The conspiracy claim has no real prospect of success. I would not grant permission to plead either of the economic torts relied on, even if the pleaded case was in good order. The direct claim under the Human Rights Act is hopeless, as a matter of law. As to harassment, breach of confidence and misuse of private information, my decision is that the Claim Form and APoC cannot go forward as they stand; but this is not a decision that there is no claim in any of those torts that might succeed. The claimant may wish to re-apply for permission to amend. To keep that option alive, I shall not strike out the entirety of the existing Claim Form. It must be amended to cut it down to a claim for damages for harassment, but the possibility of adding to it will remain live.”

I have cited these passages in their entirety because they provide the immediate context for the next procedural development in this case. It will be noted that, as at the date of Warby J's judgment of 24 May 2019, the entirety of the Claim Form had been struck out, save for the possibility of the Claimant applying for permission to amend as regards at least the harassment claim.

I say no more about that issue of amendment at this stage because, depending upon how far this action progresses, there may be a further debate concerning the nature and scope of any permitted amendments and to what extent Warby J's Order (as read with the judgment) confines the Claimant. At this stage, I am not considering that issue and, as I will describe in more detail in due course, the issue as to whether the Claimant should be permitted to amend the claim is not a matter I will address in my judgment today.

Following Warby J's judgment, he made an Order dated 24 May 2019. Insofar as relevant to the issues before me today, I need to record that Warby J made what are accepted to be final costs orders against the Claimant in respect of his unsuccessful injunction application, an unsuccessful disclosure application, as well the success of the Defendants on their summary judgment and strike out application.

The costs in respect of those applications were the subject of an order for an interim payment, with a provision for detailed assessment in due course of those costs in the normal way. The total amount of the interim costs, which is a sum in the region of about £30,000 were to be paid by the Claimant by 14 June 2019. By paragraph 10 of Warby J's Order, he also granted an extension to the Claimant until 12 noon on 5 June 2019 to apply to him for permission to appeal.

As I understand matters, no application for permission to appeal was made and, therefore, as Counsel for the Claimant rightly accepts before me today, the costs orders to which I have just made reference are final orders and they were and remain fully binding and enforceable.

Returning to the chronology, on 13 June 2019, in accordance with paragraph 7(1) of Warby J's Order of 24 May 2019, the Claimant provided a draft amended Claim Form and draft amended Particulars of Claim in respect of the harassment claim that he wished to continue against the First Defendant. It will be recalled from what I said a few moments ago that Warby J left open the opportunity for the Claimant to pursue such a claim.

The First Defendant opposed this amendment by a letter to the Claimant dated 26 June 2019 and, by operation of the provisions of paragraph 7(3) of Warby J's Order dated 24 May 2019, the Claimant was required to apply for permission to amend his Claim Form and Particulars of Claim by 5 July 2019.

Accordingly, on 27 June 2019, the Claimant made an application (“the second amendment application”) to amend his Particulars of Claim and Claim Form. On 5 July 2019, Warby J gave directions for the filing of certain evidence in relation to this application and, in due course, the First Defendant filed submissions in opposition from his legal representatives. On 19 July 2019, Warby J gave the Claimant an extended period of time to reply to the submissions, that is to 16 August 2019.

Rather than replying to these submissions by the First Defendant, the Claimant took a different course and, on 4 August 2019, he filed an application notice (“the third amendment application”) seeking permission to amend the Claim Form and Particulars of Claim, to set aside paragraph 7(3) of the Order of Warby J and to stay the costs which were ordered by Warby J to be paid by his Order of 24 May 2019. Those are the costs to which I have already made reference, and which were the subject of the interim payment order. The Claimant asked for an oral hearing of his application.

On 23 September 2019, Warby J made certain case management directions. At that point in time, Counsel acting on behalf of the Claimant indicated that the Claimant would be applying for certain relief from sanctions. In due course, on 26 September 2019, an...