Alsaifi v Trinity Mirror Plc & Board of Directors & Anor

Alsaifi v Trinity Mirror Plc & Board of Directors & Anor

The Second Article is capable of bearing a defamatory meaning of the Claimant, but the claim against the First Defendant is dismissed as an abuse of process under Henderson v Henderson. The claim against the Second Defendant regarding the print version is dismissed as the words are incapable of bearing a defamatory meaning, but the claim regarding the online version survives as it is capable of bearing a defamatory meaning and meets the serious harm threshold.

Parties
Claimant: Tariq Alsaifi; First Defendant: Trinity Mirror plc & Board of Directors; Second Defendant: Secretary of State for Education
Jurisdiction
England and Wales
Judgment Date
17 November 2017
Procedural Posture
Libel Action / Ruling on Meaning and Summary Judgment Applications
Outcome
Claim against First Defendant dismissed as abuse of process; claim against Second Defendant dismissed in part (print version), survives in part (online version).
Legal Topics
Libel, Abuse of Process, Reporting Privilege, Honest Opinion, Serious Harm, Jameel Abuse, Henderson V Henderson, Fair and Accurate Report
Defamation Media Law Civil Procedure Libel Abuse of Process Reporting Privilege Honest Opinion Serious Harm +3 more

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Parties

Tariq Alsaifi

Claimant

Trinity Mirror plc & Board of Directors

First Defendant

Secretary of State for Education

Second Defendant

Procedural Posture

Libel Action / Ruling on Meaning and Summary Judgment Applications

Legal Issues

  1. 1 Are the words complained of in the Second Article capable of bearing a defamatory meaning of the Claimant?
  2. 2 Is the claim against the First Defendant an abuse of process under Henderson v Henderson?
  3. 3 Does the Second Article constitute a fair and accurate report of the Appeal Judgment?

Ratio Decidendi

The Second Article is capable of bearing a defamatory meaning of the Claimant, but the claim against the First Defendant is dismissed as an abuse of process under Henderson v Henderson. The claim against the Second Defendant regarding the print version is dismissed as the words are incapable of bearing a defamatory meaning, but the claim regarding the online version survives as it is capable of bearing a defamatory meaning and meets the serious harm threshold.

Court Disposition

Claim against First Defendant dismissed as abuse of process; claim against Second Defendant dismissed in part (print version), survives in part (online version).

Orders

  • First Defendant granted summary judgment; claim dismissed as abuse of process.
  • Second Defendant granted summary judgment on print version; claim dismissed as incapable of bearing defamatory meaning.