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; publication to the claimant's staff is protected by ancillary privilege. The claim on publications 1-3 is an abuse of process as it seeks to re-litigate matters already the subject of harassment proceedings. The application to disapply the limitation period fails due to inadequate explanation for delay and prejudice to the defendants.

Citation
[2011] EWHC 2261 (QB)
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 respect of publications 1-3 as abuse of process; summary judgment granted for defendants on publications 4-21 (except for publication of letter 8 to claimant's staff); application to disapply limitation period refused.
Legal Topics
Absolute Privilege, Limitation Period, Abuse of Process, Summary Judgment, Strike Out, Ancillary Privilege, Re Litigation, Harassment, Qualified Privilege
Defamation Civil Procedure Absolute Privilege Limitation Period Abuse of Process Summary Judgment Strike Out Ancillary Privilege +3 more

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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 immune from suit for defamation
  2. 2 Whether the claimant's attempt to sue on publications 1-3 is an abuse of process due to re-litigation
  3. 3 Whether the limitation period for publications 1-19 should be disapplied under s32A Limitation Act 1980

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; publication to the claimant's staff is protected by ancillary privilege. The claim on publications 1-3 is an abuse of process as it seeks to re-litigate matters already the subject of harassment proceedings. The application to disapply the limitation period fails due to inadequate explanation for delay and prejudice to the defendants.

Court Disposition

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

Orders

  • Claim struck out in respect of publications 1-3
  • Summary judgment for defendants on publications 4-21 except for publication of letter 8 to claimant's staff