Mehul Choksi’s legal team argues for capping security for costs at £337,000 or less ahead of a potential November trial in a UK court. This follows a directive requiring a £677,000 deposit. Lawyers cite Qualified One-Way Costs Shifting (QOCS) provisions under the Fatal Accidents Act 1976 and Civil Procedure Rules (CPR) 44.13 and 44.14 to limit exposure based on claimed damages.
Potential Pitfalls of QOCS in Mixed Claims
Experts highlight risks under CPR 44.15, which allows courts to lift QOCS protections in complex cases, lengthy trials, multi-party disputes, or when claimants reside abroad. Disapplication could expose Choksi to full legal costs, potentially exceeding £5 million in this multi-party, cross-border litigation.
QOCS aims to shield personal injury claimants from adverse costs. However, Court of Appeal rulings, such as Brown v Commissioner of Police of the Metropolis [2019] EWCA Civ 1724, clarify limits. Lord Justice Coulson ruled that mixed claims—including non-personal injury elements—lose automatic protection under CPR 44.16(2)(b), leaving costs to judicial discretion.
Choksi’s claim mixes personal injury with £300,000 in accommodations for his brother, private travel, and security over 12 months. Courts emphasize QOCS does not protect poor litigation strategies or dominant non-injury claims.
Escalating Fees and Security Demands
Choksi’s engagement of King’s Counsel prompts defendants to hire top-tier lawyers, inflating fees beyond claimed damages. Security assesses realistic defense costs, not claim value. Court notes lack evidence of Choksi’s finances or funding sources, amid seized assets.
Barrister Michael Leeds assesses success odds at 5%, suggesting senior counsel Edward Fitzgerald KC pursues a low-prospect case, potentially wasting resources.
Key Defamation Arguments and Investigations
Choksi alleges defendants coordinated his 2021 Antigua departure. Investigations counter each point:
Travel Patterns
Lawyers question overlapping April-May 2021 flights to Antigua. A team led by former Metropolitan Police Assistant Commissioner Tarique Ghaffur reviewed bookings. Travel agents confirm common patterns, especially during COVID-limited flights, without implying connections.
CCTV Footage
Footage purportedly shows Gurdip Bath with an associate. UK forensic analysis deems quality insufficient for identification, including vehicle details. Bath identifies Leslie Farrow-Guy, but video lacks certainty.
Meeting with Prime Minister
Claims of a post-kidnapping meeting with Antigua’s PM Gaston Browne. Office records place Browne in New York on May 23, 2021, addressing Geneva’s World Health Assembly remotely.
Vehicle Hire Document
Gurmit Singh listed as additional driver for Farrow-Guy’s car. Forensic review reveals post-issuance digital edits on May 29, with incorrect license details.
Police Report Credibility
Antigua Inspector Adonis Henry’s report questioned after Corporal Cedric Williams admitted excessive involvement with Priti Choksi, leading to his removal. Senior officials flagged bias concerns.
Dominica Settlement
Agreement claims forced entry. Contemporaneous records, including Roseau Police diary, contradict this; signatories reportedly faced defamation threats.
Vessel Departure Timing
Calliope of Arne left Antigua at 10:09 AM on May 23, hours before Choksi exited his residence. Captain’s phone data aligns with independent travel to Dominica. A Jamaican national claimed transport responsibility, matching immigration logs.
Prime Minister Browne told Parliament no abduction evidence exists. Police Commissioner Atlee Rodney echoed this, citing insufficient substantiation.
Additional Evidence
WhatsApp chats show Choksi’s personal overtures to Barbara Jarabik. Priti Choksi’s continued support amid affair claims fuels speculation of coordinated evasion from Indian proceedings.
Court judgments highlight hearsay-heavy evidence, questioning claim strength. Full enforcement of adverse costs possible if dishonesty found.
