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 defence of honest opinion did not dispose of the entire claim because the Capable Meaning included a defamatory allegation of fact arising from paragraph 15, which was not protected by honest opinion. The claim was not Jameel abusive because the claimant had a legitimate interest in vindication and future protection, and it was not impossible to fashion a proportionate procedure for adjudication. The Master's order dismissing the claim was set aside.

Citation
[2018] EWHC 1954 (QB)
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 (jameel), Meaning in Defamation, Vindication, Summary Judgment
Defamation Media Law Qualified Privilege Honest Opinion Truth Defence Abuse of Process (jameel) Meaning in Defamation Vindication +1 more

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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 disposed of the entire claim against the Second Defendant
  2. 2 Whether the claim against the Second Defendant was an abuse of process under the Jameel principle
  3. 3 Whether the Capable Meaning included a defamatory allegation of fact not protected by honest opinion

Ratio Decidendi

The defence of honest opinion did not dispose of the entire claim because the Capable Meaning included a defamatory allegation of fact arising from paragraph 15, which was not protected by honest opinion. The claim was not Jameel abusive because the claimant had a legitimate interest in vindication and future protection, and it was not impossible to fashion a proportionate procedure for adjudication. The Master's order dismissing the claim was set aside.

Court Disposition

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

Orders

  • Order of 21 December 2017 set aside.
  • Claim against Second Defendant to proceed.