Bashar v Thompson & Anor [2022] EWHC 25 (QB) (11 January 2022)

Bashar v Thompson & Anor [2022] EWHC 25 (QB) (11 January 2022)

The statements that Mr Bashar has 'extreme views' and 'extreme values and views' are Chase level 1 statements and are defamatory at common law, as they impute conduct tending to lower him in the estimation of right-thinking people, crossing the common law threshold of seriousness.

Citation
[2022] EWHC 25 (QB)
Parties
Claimant: Minhaz Bashar; First Defendant: Danielle Thompson; Second Defendant: Birmingham City Council
Jurisdiction
England and Wales
Judgment Date
11 January 2022
Procedural Posture
Defamation / Trial of Preliminary Issues (meaning and Whether Defamatory at Common Law)
Outcome
Statements found to be defamatory at common law; preliminary issues determined.
Legal Topics
Natural and Ordinary Meaning, Defamatory Statements, Chase Levels, Common Law Threshold, Contextual Interpretation
Defamation Media Law Family Law Natural and Ordinary Meaning Defamatory Statements Chase Levels Common Law Threshold Contextual Interpretation

Case Brief

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Parties

Minhaz Bashar

Claimant

Danielle Thompson

First Defendant

Birmingham City Council

Second Defendant

Procedural Posture

Defamation / Trial of Preliminary Issues (meaning and Whether Defamatory at Common Law)

Legal Issues

  1. 1 What is the natural and ordinary meaning of the alleged defamatory statements?
  2. 2 Are the statements defamatory at common law?

Ratio Decidendi

The statements that Mr Bashar has 'extreme views' and 'extreme values and views' are Chase level 1 statements and are defamatory at common law, as they impute conduct tending to lower him in the estimation of right-thinking people, crossing the common law threshold of seriousness.

Court Disposition

Statements found to be defamatory at common law; preliminary issues determined.

Orders

  • Matter referred back to Master Cook for directions on limitation issue.