Claim Number: QB-2022-002648

IN THE HIGH COURT OF JUSTICE

KING’S BENCH DIVISION
MEDIA AND COMMUNICATIONS LIST

BEFORE RICHARD SPEARMAN KC

sitting as a Deputy High Court Judge
19th-20th March 2024

BETWEEN

Rashid Naseer
Claimant

and

Adil Farooq Raja

Defendant

________________________________

ORDER
________________________________

UPON hearing David Lemer, counsel for the Claimant, and the Defendant
appearing remotely but representing himself, with assistance from his solicitor Mr
Mahtab Aziz, in a hearing of the trial of Preliminary issues and the Defendant’s
applications of 23rd March 2023 and 13th March 2024.

IT IS ORDERED THAT:

DEFENDANT’S STAY APPLICATION

1. The Defendant’s 13th March 2024 application to stay proceedings is dismissed.

PRELIMINARY ISSUE TRIAL

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2. The preliminary issues are determined as follows:

(a) The meanings of the words complained of in the 10 publications set out
at paragraphs 14-45 of the particulars of claim are as follows:

i. Publication 1

1. The reasons why the elections were not proceeding as

they should was because the Claimant had taken
complete control of the Lahore High Court.

ii. Publication 2

1. The Claimant had allegedly had several meetings with

Asif Ali Zardari during his stay to discuss election
manipulation.

iii. Publication 3:

1. The Claimant is a disgrace (black sheep) in the ISI and

Pakistan army who will be eliminated at the right time by
soldiers working covertly leaking information about the
actions and movements of such people.

iv. Publication 4

1. The Claimant has set up an election cell in the Sector

Headquarters in Lahore tasked with gathering daily
progress reports of PDM and PMLN candidates,
summoning local influencers and pressurising and
bribing them into casting votes against PTI candidates.
2. The Claimant is part of a meticulously contrived process
set up by military and intelligence officers to rig
elections in Pakistan.
3. The Claimant has been abusing his position, using huge
unaccounted funds to ensure the victory of PDM and
PMLN and manipulating elections in Pakistan.

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 4. The Claimant will be abusing his position and power to
use the Police and Dolphin Force to harass PTI
supporters during the PTI election.
5. The Claimant has sinned and destroyed his chances of
the promised life in the hereafter just to serve one
person.

v. Publication 5

1. A fictitious, fabricated and false case has been registered

against the Defendant to malign his reputation and
blackmail him for speaking out against the illegal
activities of the Claimant within the Pakistani
Establishment

vi. Publication 6

1. The Claimant had caused the police to do his bidding by

making a baseless allegation of bribery against the
Defendant.

vii. Publication 7

1. The Claimant is directly involved in political

interference.

viii. Publication 8

1. The Claimant registered a complaint against the

Defendant in order to defame him and prevent him
receiving his identity card and passport because the
Defendant had exposed his plans to rig elections and this
is how the Claimant, a fraudster from Lahore, operates.

ix. Publication 9

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 1. On the instructions of the Claimant a fake case was
registered against the Defendant and his brother in law
was arrested.

x. Publication 10

1. The Claimant played a prominent role in regime change

and his corrupt practices have made him a billionaire.

(b) The words complained of in all of the publications are statements of

fact.

(c) The words complained of in publication 5 are not defamatory of the

Claimant at common law.

(d) The words complained of in all of the other publications are defamatory
of the Claimant at common law.

DEFENDANT’S 23rd MARCH 2023 APPLICATION

3. The Defendant’s application for security for costs is allowed to the extent that
the Claimant is ordered to provide security for costs in the sum of £4,000 by
4pm on 17th April 2024, but in all other respects is dismissed.

4. The Defendant’s application to anonymise his witnesses is allowed to the extent

that the Defendant has permission to provide witness statements of his
witnesses in an anonymised form in the first instance, for the purposes of the
exchange of the witness statements of witnesses. To the extent that the
Defendant seeks an extension of anonymity up until and including the trial of
this claim, a further application will need to be made.

5. The Defendant’s application for the claim to be dismissed for want of

jurisdiction on the basis that the Claimant has not suffered serious harm (“the
serious harm application”) is adjourned and will be determined if and when the
Defendant makes an application for the claim to be dismissed as an abuse of
process. For the avoidance of doubt, if no abuse of process application is made,
the serious harm application will not be determined by the court in advance of
the trial of the claim, unless the Defendant writes to the Court and the Claimant

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 by no later than 4pm on 4th October 2024, to request that the serious harm
application is heard at an earlier date.

STATEMENTS OF CASE

6. The Claimant has permission to file amended particulars of claim by 4pm on 5th
April 2024.

7. The Defendant has permission to file an amended defence by 4pm on 26th April
2024

8. The Claimant has permission to file a reply by 4pm on 17th May2024

COSTS MANAGEMENT

9. The claim is to be listed for costs budgeting before a Master at a Costs and
Case Management hearing on the first available date after 17th April 2024.
Time estimate 2 hours. Given the very significant delays in this case so far, if
practicable that hearing should be listed to take place before 31st May 2024.

DISCLOSURE

10. By 4pm on 5th July 2024 the parties must give to each other standard disclosure
of documents by list and category.

11. By 4pm on 19th July 2024 disclosure requests must be made to inspect the
original of, or to provide a copy of, a disclosable document.

12. Any such request unless objected to must be complied with within 14 days of
the request.

13. By 4pm on 19th July 2024 each party must serve and file with the Court a list of
issues relevant to the search for and disclosure of electronically stored
documents, or must confirm there are no such issues, following Practice
Direction 31B.

WITNESS STATEMENTS

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14. By 4pm on 6th September 2024 all parties must serve on each other copies of
the signed statements of themselves and of all witnesses on whom they intend
to rely and all notices relating to evidence.

15. Oral evidence will not be permitted at trial from a witness whose statement has
not been served in accordance with this order or has been served late, except
with permission from the Court.

APPLICATIONS

16. By 4pm on 4th October 2024 the Defendant shall make:

(a) Any application for any of his witnesses to have continuing anonymity
up until and including the trial of this claim.

(b) Any application for the claim to be struck out as an abuse of process.

17. Any evidence that the Defendant seeks to rely upon in support of any
application made shall be filed and served with the material application.

18. The Claimant shall file and serve any evidence in reply by 4pm on 29th
November 2024.

19. The Defendant shall file and serve any further evidence limited to evidence in
response to the Claimant’s evidence, by 4pm on 27th December 2024.

20. The Defendant’s applications shall be listed for hearing on the first open date
after 24th January 2025 with a time estimate of 3 days. For the avoidance of
doubt, if the Defendant does not make an application to strike the claim out as
an abuse of process, the time estimate for a hearing to address the continuing
anonymity of his witnesses is ½ day. In light of the significant delays in the
claim, to date, and the trial window, the court will if practicable list the
applications for hearing by no later than 1st March 2025.

21. The parties are to agree the contents of a hearing bundle not less than 14 days
before the date fixed for the application(s) to be determined.

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22. Skeleton arguments are to be exchanged and lodged with the court by 10am
two clear days before the hearing.

TRIAL

23. The claim be tried in a trial window opening between 15th April 2025 and 26th
July 2025

London
Judge alone
Category B
Time estimate 4 days

24. A copy of this sealed order will be sent to the King’s Bench Judges Listing
Office, who will notify all parties of a listing appointment for a trial date or
period within the trial window, which will usually be six weeks from the date
the order is sealed. If parties have any queries in relation to the listing
appointment, they should contact King’s Bench Judges Listing on
KBJudgesListingOffice@Justice.gov.uk

PRE-TRIAL REVIEW

25. The parties do file pre-trial checklists as may be directed by the King’s Bench
Judge’s Listing Office.

26. There be a pre-trial review on a date to be arranged by the King’s Bench

Judge’s Listing Office before the Judge at the Royal Courts of Justice 4 weeks
before the trial window starts with a time estimate of 2 hours at which, except
for urgent matters in the meantime, the court will hear any further applications
for directions or orders.

27. At least 3 clear days before the pre-trial review the Claimant must file and send
to the other party or parties preferably agreed and by email:

i. draft directions
ii. a chronology

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 iii. a case summary

TRIAL DIRECTIONS

28. Not more than 7 nor less than 3 clear days before the trial, the Claimants must
file at court and serve an indexed and paginated bundle of documents, which
complies with the requirements of Rule 39.5 Civil Procedure Rules and
Practice Direction 39A. The parties must endeavour to agree the contents of
the bundle before it is filed. The bundle will include:

i. a case summary
ii. a chronology
iii. a trial timetable

29. The parties must file with the court and exchange skeleton arguments at least 3
days before the trial by email.

COSTS

30. The Defendant shall pay the Claimant’s costs of the stay application,
summarily assessed in the sum of £5,000 by 4pm on 17th April 2024.

31. The Defendant shall pay the Claimant’s costs of the security for costs
application heard on 19th and 20th March 2024 to be the subject of detailed
assessment on the standard basis if not agreed. An interim payment of £5,000
on account of those costs shall be made by the Defendant to the Claimant by
4pm on 17th April 2024.

32. Costs in the case in relation to the costs of the Preliminary Issue Trial heard on
19th and 20th March 2024.

33. Costs reserved in relation to the remaining costs of the Defendant’s 23rd March
2023 application heard on 19th and 20th March 2024 and the costs of the hearing
before Mr Justice Julian Knowles on 21st June 2023.

DATED 5th April 2024

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