Alsaifi v Trinity Mirror Plc & Anor

Alsaifi v Trinity Mirror Plc & Anor

The Master erred in dismissing the claim as Jameel abusive and in granting summary judgment based on honest opinion, as the Capable Meaning included a defamatory allegation of fact not protected by honest opinion. The claim provides tangible value to the Claimant in terms of vindication and potential future protection. It cannot be said at this stage that the claim is obviously pointless or disproportionate. The Order of 21 December 2017 is set aside.

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 From Summary Judgment/strike Out Order
Outcome
Appeal allowed; summary judgment and strike out order set aside.
Legal Topics
Qualified Privilege, Honest Opinion, Truth Defence, Jameel Abuse, Vindication, Summary Judgment, Strike Out, Meaning Determination
Defamation Media Law Civil Procedure Qualified Privilege Honest Opinion Truth Defence Jameel Abuse Vindication +3 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 From Summary Judgment/strike Out Order

Legal Issues

  1. 1 Whether the defence of honest opinion disposes of the claim against the Second Defendant
  2. 2 Whether the claim is Jameel abusive and should be struck out as not worth the candle
  3. 3 Whether the Capable Meaning includes a defamatory allegation of fact not protected by honest opinion

Ratio Decidendi

The Master erred in dismissing the claim as Jameel abusive and in granting summary judgment based on honest opinion, as the Capable Meaning included a defamatory allegation of fact not protected by honest opinion. The claim provides tangible value to the Claimant in terms of vindication and potential future protection. It cannot be said at this stage that the claim is obviously pointless or disproportionate. The Order of 21 December 2017 is 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.