Bashar v Thompson & Anor [2022] EWHC 25 (QB) (11 January 2022)

Bashar v Thompson & Anor [2022] EWHC 25 (QB) (11 January 2022)

The statements that Mr Bashar has 'extreme views' and 'extreme values and views' are Chase level 1 statements and are defamatory at common law, as they impute conduct tending to lower him in the estimation of right-thinking people, especially in the context of child welfare and alleged abuse.

Citation
[2022] EWHC 25
Parties
Claimant: Minhaz Bashar; First Defendant: Danielle Thompson; Second Defendant: Birmingham City Council
Jurisdiction
England and Wales
Judgment Date
11 January 2022
Procedural Posture
Defamation / Trial of Preliminary Issues (meaning and Whether Defamatory at Common Law)
Outcome
The court finds that both statements are defamatory at common law and determines their natural and ordinary meaning as preliminary issues.
Legal Topics
Defamatory Meaning, Common Law Defamation, Single Meaning Rule, Chase Levels, Children Act 1989, Radicalisation, Contextual Meaning
Defamation Media Law Family Law Defamatory Meaning Common Law Defamation Single Meaning Rule Chase Levels Children Act 1989 +2 more

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Parties

Minhaz Bashar

Claimant

Danielle Thompson

First Defendant

Birmingham City Council

Second Defendant

Procedural Posture

Defamation / Trial of Preliminary Issues (meaning and Whether Defamatory at Common Law)

Legal Issues

  1. 1 What is the natural and ordinary meaning of the alleged defamatory statements?
  2. 2 Are the statements defamatory at common law?

Ratio Decidendi

The statements that Mr Bashar has 'extreme views' and 'extreme values and views' are Chase level 1 statements and are defamatory at common law, as they impute conduct tending to lower him in the estimation of right-thinking people, especially in the context of child welfare and alleged abuse.

Court Disposition

The court finds that both statements are defamatory at common law and determines their natural and ordinary meaning as preliminary issues.

Orders

  • Matter referred back to Master Cook for directions on limitation.