Iqbal v Mansoor & Ors [2011] EWHC 2261 (QB) (26 August 2011)

Iqbal v Mansoor & Ors [2011] EWHC 2261 (QB) (26 August 2011)

Publications 4-21 are protected by absolute privilege as they were made in the course of judicial proceedings and have at least some reference to those proceedings. The claim on publications 1-3 is an abuse of process as it seeks to re-litigate issues already the subject of harassment proceedings. The claimant's explanation for delay in bringing the libel claim is unconvincing and does not justify disapplying the limitation period.

Citation
[2011] EWHC 2261
Parties
Claimant: Mashood Iqbal; First Defendant: Muzaffar Ahmad Mansoor; Second Defendant: Ejaz Baig; Third Defendant: Mubashra Nida Mansoor; Fourth Defendant: Pedro Louro; Fifth Defendant: Catijah Bibi Cooraban; Sixth Defendant: Dean Manson Solicitors
Jurisdiction
England and Wales
Judgment Date
26 August 2011
Procedural Posture
Libel Action (defamation) / Application and Cross Application for Summary Judgment and Strike Out
Outcome
Claim struck out in substantial part; summary judgment for defendants on publications 4-21 (except publication of letter 8 to claimant's staff); claim on publications 1-3 struck out as abuse of process; application to disapply limitation period refused.
Legal Topics
Absolute Privilege, Limitation Period, Abuse of Process, Summary Judgment, Civil Restraint Order
Defamation Civil Procedure Absolute Privilege Limitation Period Abuse of Process Summary Judgment Civil Restraint Order

Case Brief

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Parties

Mashood Iqbal

Claimant

Muzaffar Ahmad Mansoor

First Defendant

Ejaz Baig

Second Defendant

Mubashra Nida Mansoor

Third Defendant

Pedro Louro

Fourth Defendant

Catijah Bibi Cooraban

Fifth Defendant

Dean Manson Solicitors

Sixth Defendant

Procedural Posture

Libel Action (defamation) / Application and Cross Application for Summary Judgment and Strike Out

Legal Issues

  1. 1 Whether publications 4-21 are protected by absolute privilege and thus immune from suit
  2. 2 Whether the claim on publications 1-3 is an abuse of process due to re-litigation
  3. 3 Whether the limitation period should be disapplied under s32A Limitation Act 1980 for publications 1-19

Ratio Decidendi

Publications 4-21 are protected by absolute privilege as they were made in the course of judicial proceedings and have at least some reference to those proceedings. The claim on publications 1-3 is an abuse of process as it seeks to re-litigate issues already the subject of harassment proceedings. The claimant's explanation for delay in bringing the libel claim is unconvincing and does not justify disapplying the limitation period.

Court Disposition

Claim struck out in substantial part; summary judgment for defendants on publications 4-21 (except publication of letter 8 to claimant's staff); claim on publications 1-3 struck out as abuse of process; application to disapply limitation period refused.

Orders

  • Summary judgment granted for defendants on publications 4-21 except publication of letter 8 to claimant's staff.
  • Claim on publications 1-3 struck out as abuse of process.