Iqbal v Mansoor & Ors

Iqbal v Mansoor & Ors

All publications except for the publication of letter 8 to the claimant's staff are protected by absolute privilege and/or are an abuse of process or statute-barred. The claim on the first three publications is an abuse of process as they are already the subject of harassment proceedings. The claimant's application to disapply the limitation period fails as it would not be equitable to allow the action to proceed. The failure to plead meanings is not fatal but the claim is otherwise struck out. No extended civil restraint order is warranted.

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 to Disapply Limitation Period
Outcome
Claim struck out except for possible claim regarding publication of letter 8 to claimant's staff; application to disapply limitation period refused; no civil restraint order granted.
Legal Topics
Absolute Privilege, Limitation Period, Abuse of Process, Civil Restraint Order, Summary Judgment
Defamation Civil Procedure Absolute Privilege Limitation Period Abuse of Process Civil Restraint Order Summary Judgment

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 to Disapply Limitation Period

Legal Issues

  1. 1 Whether the publications complained of are protected by absolute privilege
  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

Ratio Decidendi

All publications except for the publication of letter 8 to the claimant's staff are protected by absolute privilege and/or are an abuse of process or statute-barred. The claim on the first three publications is an abuse of process as they are already the subject of harassment proceedings. The claimant's application to disapply the limitation period fails as it would not be equitable to allow the action to proceed. The failure to plead meanings is not fatal but the claim is otherwise struck out. No extended civil restraint order is warranted.

Court Disposition

Claim struck out except for possible claim regarding publication of letter 8 to claimant's staff; application to disapply limitation period refused; no civil restraint order granted.

Orders

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