Khalil v Barakat & Anor [2013] EWHC 85 (QB) (28 January 2013)

Khalil v Barakat & Anor [2013] EWHC 85 (QB) (28 January 2013)

The claims for libel and malicious falsehood are struck out as time-barred under the 12-month limitation period; there is no equitable basis to disapply the limitation period under s.32A Limitation Act 1980, as there is no real need for vindication, the publication was limited, and any compensation would be negligible. The Second Defendant cannot be vicariously liable as the acts were not within the scope of employment.

Citation
[2013] EWHC 85
Parties
Claimant: Dana Khalil; First Defendant: Dr Mohannad Barakat; Second Defendant: North Bristol NHS Trust
Jurisdiction
England and Wales
Judgment Date
28 January 2013
Procedural Posture
Civil (defamation/malicious Falsehood) / Application to Strike Out Claim (limitation Period and Other Grounds)
Outcome
Claim struck out (libel and malicious falsehood claims dismissed)
Legal Topics
Limitation Period, Malicious Falsehood, Libel, Qualified Privilege, Abuse of Process, Double Actionability, Jurisdiction, Vicarious Liability
Defamation Tort Private International Law Limitation Period Malicious Falsehood Libel Qualified Privilege Abuse of Process +3 more

Case Brief

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Parties

Dana Khalil

Claimant

Dr Mohannad Barakat

First Defendant

North Bristol NHS Trust

Second Defendant

Procedural Posture

Civil (defamation/malicious Falsehood) / Application to Strike Out Claim (limitation Period and Other Grounds)

Legal Issues

  1. 1 Whether the claim for libel and malicious falsehood is time-barred under the 12-month limitation period
  2. 2 Whether the court should exercise discretion under s.32A Limitation Act 1980 to disapply the limitation period
  3. 3 Whether the alleged publication was defamatory under English law

Ratio Decidendi

The claims for libel and malicious falsehood are struck out as time-barred under the 12-month limitation period; there is no equitable basis to disapply the limitation period under s.32A Limitation Act 1980, as there is no real need for vindication, the publication was limited, and any compensation would be negligible. The Second Defendant cannot be vicariously liable as the acts were not within the scope of employment.

Court Disposition

Claim struck out (libel and malicious falsehood claims dismissed)

Orders

  • Claims against both defendants struck out
  • No extension of limitation period granted