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Tuesday 11 November 2014

Modi v Cairns: the next round

Predictably, Lalit Modi is now lining up to apply to the High Court to set aside the judgment Chris Cairns obtained against him in a libel action in 2012, which at the time was upheld on appeal (the appeal related only to quantum.  Apparently, taking into account interest and costs, the amount Modi will be seeking will be in the region of £2.4m.

The application will be separate from the criminal proceedings Cairns is facing for perjury, which is due to be heard next October (the reason for the long delay is that many witnesses are current players, who have commitments until then).  Realistically, though, the result of the criminal action will dictate the result of Modi's civil application.  If Cairns is found guilty, it is inconceivable that he will resist the application.  If he is found not guilty, then theoretically Modi could press ahead but I cannot see that happening.

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