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 issues of publication, reference, meaning, and serious harm, and are struck out on those issues. The defence of truth is inadequately pleaded and must be reformulated if it is to proceed. The third defendant's position on Youtube publication and certain defences raises triable issues. All defendants are given a final opportunity to amend their pleadings and provide further evidence on the issues of truth and public interest. Summary judgment is granted in part, with final determination of liability and remedies adjourned pending compliance with directions.

Citation
[2016] EWHC 2704
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 granted; defences struck out in part; defendants given final opportunity to amend pleadings on truth and public interest; further directions to be given.
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

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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 defences of the first, second, and third defendants disclose any reasonable grounds for defending the libel claim
  2. 2 Whether the claimant is entitled to summary judgment or strike out of the defences
  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 issues of publication, reference, meaning, and serious harm, and are struck out on those issues. The defence of truth is inadequately pleaded and must be reformulated if it is to proceed. The third defendant's position on Youtube publication and certain defences raises triable issues. All defendants are given a final opportunity to amend their pleadings and provide further evidence on the issues of truth and public interest. Summary judgment is granted in part, with final determination of liability and remedies adjourned pending compliance with directions.

Court Disposition

Partial summary judgment granted; defences struck out in part; defendants given final opportunity to amend pleadings on truth and public interest; further directions to be given.

Orders

  • Defences of first and second defendants struck out on issues of publication, reference, meaning, and serious harm.
  • Defendants permitted a final opportunity to amend and properly plead any defence of truth or public interest, with supporting evidence, within a specified period.