Iqbal v Dean Manson Solicitors & Ors (No 2)

The witness statements (documents 20 and 21) were made in the course of costs assessment proceedings and had reference to the subject-matter of those proceedings; therefore, they are protected by absolute privilege and cannot be the subject of a defamation claim.

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, Judgment on Absolute Privilege in Defamation
Outcome: Appeal dismissed
Legal Topics: Absolute Privilege, Witness Immunity, Costs Assessment, Limitation Period, Harassment

Defamation Civil Procedure Absolute Privilege Witness Immunity Costs Assessment Limitation Period Harassment

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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, Judgment on Absolute Privilege in Defamation

Legal Issues

1 Whether witness statements in costs proceedings are protected by absolute privilege from defamation claims
2 Whether statements in documents 20 and 21 have reference to the subject-matter of proceedings and thus attract absolute privilege

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Order on appeal with consequential orders as to costs, drawn up, sealed and entered on 1 November 2012