Suresh v Samad & Ors (Rev 1) [2016] EWHC 2704 (QB) (31 October 2016)

Suresh v Samad & Ors (Rev 1) [2016] EWHC 2704 (QB) (31 October 2016)

The defences of the first and second defendants disclose no reasonable grounds for defending the claims on publication, reference, meaning, or serious harm, and the claimant is entitled to summary judgment on those issues. However, the issues of responsibility for publication, truth, and public interest are triable and the defendants are given a final opportunity to plead and evidence those defences properly. The third defendant's position is similar. The claimant's application for summary judgment is adjourned on those triable issues.

Citation
[2016] EWHC 2704 (QB)
Parties
Claimant: Selvaratnam Suresh; First Defendant: Abdul Samad; Second Defendant: Amirthalingam Nagarajah; Third Defendant: Kajananan Sathananthan; Fourth Defendant: Youtube user 'Niyayam Enge'
Jurisdiction
England and Wales
Judgment Date
31 October 2016
Procedural Posture
Libel Action / Application for Summary Judgment And/or Strike Out of Defences
Outcome
Partial summary judgment for claimant; strike out of defences on certain issues; adjournment on others; defendants given final opportunity to amend pleadings and evidence on specified defences.
Legal Topics
Libel, Summary Judgment, Strike Out, Serious Harm, Truth Defence, Public Interest Defence, Pleading Requirements
Defamation Civil Procedure Libel Summary Judgment Strike Out Serious Harm Truth Defence Public Interest Defence +1 more

Case Brief

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Parties

Selvaratnam Suresh

Claimant

Abdul Samad

First Defendant

Amirthalingam Nagarajah

Second Defendant

Kajananan Sathananthan

Third Defendant

Youtube user 'Niyayam Enge'

Fourth Defendant

Procedural Posture

Libel Action / Application for Summary Judgment And/or Strike Out of Defences

Legal Issues

  1. 1 Whether the defendants have pleaded or have any viable defence to the libel claims
  2. 2 Whether the defences should be struck out and/or summary judgment granted for the claimant
  3. 3 Whether the publications caused serious harm to the claimant's reputation

Ratio Decidendi

The defences of the first and second defendants disclose no reasonable grounds for defending the claims on publication, reference, meaning, or serious harm, and the claimant is entitled to summary judgment on those issues. However, the issues of responsibility for publication, truth, and public interest are triable and the defendants are given a final opportunity to plead and evidence those defences properly. The third defendant's position is similar. The claimant's application for summary judgment is adjourned on those triable issues.

Court Disposition

Partial summary judgment for claimant; strike out of defences on certain issues; adjournment on others; defendants given final opportunity to amend pleadings and evidence on specified defences.

Orders

  • Summary judgment granted for claimant on issues of publication, reference, meaning, and serious harm against first and second defendants.
  • Defences of truth and public interest not struck out but defendants given final opportunity to plead and evidence those defences properly.