Iqbal v Dean Manson Solicitors & Ors (No 2) [2013] EWCA Civ 149 (05 March 2013)

Iqbal v Dean Manson Solicitors & Ors (No 2) [2013] EWCA Civ 149 (05 March 2013)

The Court held that both witness statements (documents 20 and 21) were made in the course of judicial proceedings and had at least some reference to the subject-matter of the costs proceedings, thus attracting absolute privilege and barring the defamation claim.

Citation
[2013] EWCA Civ 149
Parties
Appellant / Claimant: Mr Mashood Iqbal; Respondent / Defendant: Dean Manson Solicitors & Ors
Jurisdiction
England and Wales
Judgment Date
05 March 2013
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Absolute Privilege, Witness Immunity, Limitation Periods, Harassment, Costs Proceedings
Defamation Civil Procedure Absolute Privilege Witness Immunity Limitation Periods Harassment Costs Proceedings

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Parties

Mr Mashood Iqbal

Appellant / Claimant

Dean Manson Solicitors & Ors

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal

Legal Issues

  1. 1 Whether absolute privilege applies to witness statements (documents 20 and 21) in costs proceedings for the purposes of defamation claims
  2. 2 Whether the statements in question had 'no reference at all' to the subject-matter of the proceedings, thus falling outside the scope of absolute privilege

Ratio Decidendi

The Court held that both witness statements (documents 20 and 21) were made in the course of judicial proceedings and had at least some reference to the subject-matter of the costs proceedings, thus attracting absolute privilege and barring the defamation claim.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the order of Judge Parkes QC stands.
  • Consequential orders as to costs were made.