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

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

The court refused to disapply the limitation period, finding no equitable grounds or legitimate advantage for the claimant, and struck out the libel and malicious falsehood claims as time-barred.

Source-derived case information.

Citation
[2013] EWHC 85 (QB)
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 and Malicious Falsehood / Application to Strike Out Claim Due to Limitation Period
Outcome
Claims for libel and malicious falsehood struck out as time-barred.
Legal Topics
Limitation Period for Defamation, Malicious Falsehood, Qualified Privilege, Double Actionability, Jurisdiction, Abuse of Process
Defamation Malicious Falsehood Limitation Limitation Period for Defamation Qualified Privilege Double Actionability Jurisdiction Abuse of Process

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dana Khalil

Claimant

Dr Mohannad Barakat

First Defendant

North Bristol NHS Trust

Second Defendant

Procedural Posture

Civil Defamation and Malicious Falsehood / Application to Strike Out Claim Due to Limitation Period

Legal Issues

  1. 1 Whether the limitation period bars the claim
  2. 2 Whether the court should exercise discretion to disapply the limitation period
  3. 3 Whether the alleged publication is actionable under English law

Ratio Decidendi

The court refused to disapply the limitation period, finding no equitable grounds or legitimate advantage for the claimant, and struck out the libel and malicious falsehood claims as time-barred.

Court Disposition

Claims for libel and malicious falsehood struck out as time-barred.

Orders

  • Libel and malicious falsehood claims struck out.
  • No order against Second Defendant.