Hussein v Farooq & Anor [2008] EWHC 2487 (QB) (22 October 2008)

Hussein v Farooq & Anor [2008] EWHC 2487 (QB) (22 October 2008)

The claimant failed to prove on the balance of probabilities that either defendant spoke the alleged defamatory words. Even if the words were spoken, the claimant failed to prove they were actionable without proof of special damage or to establish special damages with sufficient evidence.

Citation
[2008] EWHC 2487
Parties
Claimant: Sayed Amdad Hussein; First Defendant: Chaudhry Omar Farooq; Second Defendant: Imran Riaz Sheik sued as Imran Kwawaja
Jurisdiction
England and Wales
Judgment Date
22 October 2008
Procedural Posture
Slander Action / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Slander, Defamation, Special Damages, Burden of Proof
Defamation Tort Slander Special Damages Burden of Proof

Case Brief

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Parties

Sayed Amdad Hussein

Claimant

Chaudhry Omar Farooq

First Defendant

Imran Riaz Sheik sued as Imran Kwawaja

Second Defendant

Procedural Posture

Slander Action / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants spoke the alleged defamatory words
  2. 2 Whether the words were defamatory of the claimant
  3. 3 Whether the words were actionable without proof of special damage

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that either defendant spoke the alleged defamatory words. Even if the words were spoken, the claimant failed to prove they were actionable without proof of special damage or to establish special damages with sufficient evidence.

Court Disposition

Claim dismissed

Orders

  • Judgment for both defendants
  • No damages awarded to claimant