Strength of Lalit Modi's civil claim against Chris Cairns questioned by Kiwi law professor

A Kiwi law professor believes Lalit Modi's hopes of initiating his £1.5 million ($3.3 million) civil claim for fraud against Chris Cairns may hinge on his ability to secure testimony from key witnesses Lou Vincent, Black Caps captain Brendon McCullum, and Vincent's ex-wife Ellie Riley.

Indian billionaire Modi is still weighing up whether to proceed with the civil case after Cairns was cleared of charges of perjury at the conclusion of a nine-week criminal trial last week, however a trial window has been determined for next March at London's High Court.

Canterbury University's dean of law, Chris Gallavin, told Newstalk ZB the strength of Modi's case depends heavily on whether the 52-year-old business mogul can convince Vincent, McCullum, and Riley to testify.

The trio are not obliged to front for the civil case and Gallavin says Modi faces a challenge in trying to convince them to appear.

Even if he manages to achieve that, his hopes of winning a successful verdict will be undermined by the fact Vincent - a self-confessed cheat - emerged from the criminal trial with his credibility under serious question.

"Even if they do (testify) the judge will still have to make an assessment as to their credibility and as to whether he believes them," Gallavin told Newstalk ZB.

"He's not bound to having to believe two of the three as was required with the perjury case - so he can believe one and not the others - but it still comes down to an issue of credibility.

"So Modi has got some real hurdles and he certainly hasn't got it in the bag even if those witnesses do decide to give evidence."

Cairns' not guilty verdict comes after he won more than $1 million in costs and damages in a 2012 libel suit with Modi, after the former Indian Premier League chairman used Twitter to accuse the former New Zealand allrounder of being involved in match fixing.

Cairns remains determined to continue to fight to defend his name and reputation, and Gallavin has questioned whether Modi has any new evidence that was not presented in the criminal trial.

However, Gallavin noted Cairns has made a "formidable enemy" in Modi, who has made it his personal quest to see him brought down. The prospect of Modi offering inducements to witnesses to front the civil court could further damage their credibility.

"That might affect their credibility. That would be brought up in the hearing as to whether Vincent is receiving anything from Modi for his testimony and that would cast a shadow over the credibility," Gallavin added.

"But in a sense all bets are off as to what Modi's going to do because he's driven probably not by logic and reason but by a sense of injustice."