MINHAZ BASHAR v BIRMINGHAM CITY COUNCIL

MINHAZ BASHAR v BIRMINGHAM CITY COUNCIL

The statements that Mr Bashar has 'extreme views' and 'extreme values and views' are defamatory at common law because they impute conduct—espousal of extreme values or views—that would tend to lower him in the estimation of right-thinking people and cross the common law threshold of seriousness. The context of the report, references to abuse of religion, and concerns about the welfare of children reinforce this conclusion.

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; matter referred for determination of limitation issue.
Legal Topics
Natural and Ordinary Meaning, Defamatory Statements, Chase Levels, Common Law Defamation, Single Meaning Rule
Defamation Media Law Family Law Natural and Ordinary Meaning Defamatory Statements Chase Levels Common Law Defamation Single Meaning Rule

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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 defamatory at common law because they impute conduct—espousal of extreme values or views—that would tend to lower him in the estimation of right-thinking people and cross the common law threshold of seriousness. The context of the report, references to abuse of religion, and concerns about the welfare of children reinforce this conclusion.

Court Disposition

Statements found to be defamatory at common law; matter referred for determination of limitation issue.

Orders

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