HH Prince Moulay Hicham Ben Abdallah Al Alaoui of Morocco v Elaph Publishing Ltd

HH Prince Moulay Hicham Ben Abdallah Al Alaoui of Morocco v Elaph Publishing Ltd

The article was capable of bearing the defamatory meanings pleaded by the Prince, including that he was devious, underhand and disloyal. The judge at first instance took too narrow a view of the law. The Prince was entitled to amend his pleadings and add a Data Protection Act claim, as such claims can proceed in parallel with defamation where appropriate.

Parties
Appellant/respondent: HH Prince Moulay Hicham Ben Abdallah Al Alaoui of Morocco; Respondent/appellant: Elaph Publishing Limited
Jurisdiction
England and Wales
Judgment Date
27 January 2017
Procedural Posture
Civil Appeal (defamation and Data Protection) / Court of Appeal Judgment on Appeals From Queen’s Bench Division
Outcome
Prince's appeal allowed; Elaph's appeal dismissed.
Legal Topics
Meaning of Defamatory Statements, Amendment of Pleadings, Parallel Claims Under Defamation Act and Data Protection Act, Threshold for Striking Out Pleadings, Proportionality in Litigation
Defamation Data Protection Meaning of Defamatory Statements Amendment of Pleadings Parallel Claims Under Defamation Act and Data Protection Act Threshold for Striking Out Pleadings Proportionality in Litigation

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Parties

HH Prince Moulay Hicham Ben Abdallah Al Alaoui of Morocco

Appellant/respondent

Elaph Publishing Limited

Respondent/appellant

Procedural Posture

Civil Appeal (defamation and Data Protection) / Court of Appeal Judgment on Appeals From Queen’s Bench Division

Legal Issues

  1. 1 Whether the article was capable of bearing a defamatory meaning as pleaded
  2. 2 Whether the Prince could amend his Particulars of Claim to include new meanings and a Data Protection Act claim
  3. 3 Whether a Data Protection Act claim can proceed in parallel with a defamation claim

Ratio Decidendi

The article was capable of bearing the defamatory meanings pleaded by the Prince, including that he was devious, underhand and disloyal. The judge at first instance took too narrow a view of the law. The Prince was entitled to amend his pleadings and add a Data Protection Act claim, as such claims can proceed in parallel with defamation where appropriate.

Court Disposition

Prince's appeal allowed; Elaph's appeal dismissed.

Orders

  • Amendments to Particulars of Claim permitted, including new meanings and Data Protection Act claim.
  • Case to proceed with amended pleadings.