Alsaifi v Trinity Mirror Plc & Anor [2018] EWHC 1954 (QB) (26 July 2018)

Alsaifi v Trinity Mirror Plc & Anor [2018] EWHC 1954 (QB) (26 July 2018)

The claim against the Second Defendant is not Jameel abusive as the Claimant seeks tangible vindication; the defence of honest opinion does not dispose of the whole claim due to the factual defamatory allegation; summary judgment and strike out were inappropriate at this stage.

Citation
[2018] EWHC 1954
Parties
Claimant/appellant: Tariq Alsaifi; First Defendant/respondent: Trinity Mirror plc and Board of Directors; Second Defendant/respondent: Newcastle College Group and Board of Governors
Jurisdiction
England and Wales
Judgment Date
26 July 2018
Procedural Posture
Defamation Appeal / Appeal Against Summary Judgment and Strike Out Order
Outcome
Appeal allowed; summary judgment and strike out order set aside.
Legal Topics
Qualified Privilege, Honest Opinion, Truth Defence, Abuse of Process, Vindication, Summary Judgment
Defamation Media Law Qualified Privilege Honest Opinion Truth Defence Abuse of Process Vindication Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tariq Alsaifi

Claimant/appellant

Trinity Mirror plc and Board of Directors

First Defendant/respondent

Newcastle College Group and Board of Governors

Second Defendant/respondent

Procedural Posture

Defamation Appeal / Appeal Against Summary Judgment and Strike Out Order

Legal Issues

  1. 1 Whether the defence of honest opinion applies to the Second Defendant's statements
  2. 2 Whether the claim against the Second Defendant is Jameel abusive
  3. 3 Whether the Capable Meaning includes defamatory allegations of fact not protected by honest opinion

Ratio Decidendi

The claim against the Second Defendant is not Jameel abusive as the Claimant seeks tangible vindication; the defence of honest opinion does not dispose of the whole claim due to the factual defamatory allegation; summary judgment and strike out were inappropriate at this stage.

Court Disposition

Appeal allowed; summary judgment and strike out order set aside.

Orders

  • Order of 21 December 2017 set aside
  • Further submissions to be heard on appropriate consequential order