Rafique & Anor v The Association of Community Organisations for Reform Now Ltd & Anor [2022] EWHC 414 (QB) (28 February 2022)

Rafique & Anor v The Association of Community Organisations for Reform Now Ltd & Anor [2022] EWHC 414 (QB) (28 February 2022)

The court found that the claimants' Particulars of Claim disclosed good causes of action for harassment and defamation against the second defendant, that the requirements for default judgment were met, and that an injunction was justified to prevent further harm. The second defendant was properly served and had not responded. Costs follow the event.

Citation
[2022] EWHC 414 (QB)
Parties
First Claimant: Zobia Rafique; Second Claimant: Century One Estates Limited; First Defendant: The Association of Community Organisations for Reform Now Limited; Second Defendant: Aya Ismael Hoez
Jurisdiction
England and Wales
Judgment Date
28 February 2022
Procedural Posture
Civil (defamation, Harassment, Data Protection) / Default Judgment and Injunction Application
Outcome
Judgment for the claimants against the second defendant by default. Injunction granted. Costs awarded to claimants.
Legal Topics
Libel, Slander, Harassment, Default Judgment, Injunction, Costs
Defamation Harassment Civil Procedure Libel Slander Default Judgment Injunction Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Zobia Rafique

First Claimant

Century One Estates Limited

Second Claimant

The Association of Community Organisations for Reform Now Limited

First Defendant

Aya Ismael Hoez

Second Defendant

Procedural Posture

Civil (defamation, Harassment, Data Protection) / Default Judgment and Injunction Application

Legal Issues

  1. 1 Whether default judgment should be entered against the second defendant for harassment and defamation (libel and slander)
  2. 2 Whether an injunction should be granted against the second defendant to restrain further harassment and defamatory statements
  3. 3 Whether the claimants are entitled to costs against the second defendant

Ratio Decidendi

The court found that the claimants' Particulars of Claim disclosed good causes of action for harassment and defamation against the second defendant, that the requirements for default judgment were met, and that an injunction was justified to prevent further harm. The second defendant was properly served and had not responded. Costs follow the event.

Court Disposition

Judgment for the claimants against the second defendant by default. Injunction granted. Costs awarded to claimants.

Orders

  • Default judgment entered for claimants against second defendant for harassment and defamation (libel and slander).
  • Injunction granted restraining the second defendant from further harassment and defamatory statements against the claimants.