Mir v Hussain & Ors [2024] EWHC 56 (KB) (17 January 2024)

Mir v Hussain & Ors [2024] EWHC 56 (KB) (17 January 2024)

The First Defendant has not demonstrated that the Claimant's case (either as originally pleaded or as amended) has no real prospect of success; there is sufficient evidential foundation for the issues of participation and agency to proceed to trial; summary judgment and strike-out are refused; permission to amend the Particulars of Claim is granted.

Citation
[2024] EWHC 56 (KB)
Parties
Claimant: Syed Ahmed Tariq Mir; First Defendant: Altaf Hussain; Second Defendant: Ather Aziz; Third Defendant: Hashim Aziz; Fourth Defendant: Moeen Ahmed Khan; Fifth Defendant: Nadeem Pervez Sheikh; Sixth Defendant: Nasir Ali; Seventh Defendant: Suhail Ahmed Khanzada; Eighth Defendant: Yasmeen Novein
Jurisdiction
England and Wales
Judgment Date
17 January 2024
Procedural Posture
Defamation (libel) – Civil / Application for Summary Judgment/strike Out by First Defendant and Application to Amend Particulars of Claim by Claimant
Outcome
Applications for summary judgment and strike-out by First Defendant refused; Claimant's application to amend Particulars of Claim granted.
Legal Topics
Summary Judgment, Strike Out, Agency in Publication, Editorial Responsibility, Amendment of Pleadings, Jurisdiction Under Defamation Act 2013
Defamation Media Law Civil Procedure Summary Judgment Strike Out Agency in Publication Editorial Responsibility Amendment of Pleadings +1 more

Case Brief

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Parties

Syed Ahmed Tariq Mir

Claimant

Altaf Hussain

First Defendant

Ather Aziz

Second Defendant

Hashim Aziz

Third Defendant

Moeen Ahmed Khan

Fourth Defendant

Nadeem Pervez Sheikh

Fifth Defendant

Nasir Ali

Sixth Defendant

Suhail Ahmed Khanzada

Seventh Defendant

Yasmeen Novein

Eighth Defendant

Procedural Posture

Defamation (libel) – Civil / Application for Summary Judgment/strike Out by First Defendant and Application to Amend Particulars of Claim by Claimant

Legal Issues

  1. 1 Whether the First Defendant (Altaf Hussain) is responsible for the alleged defamatory publications as author/editor or via agency
  2. 2 Whether the Claimant has a real prospect of success against the First Defendant
  3. 3 Whether the Claimant should be permitted to amend the Particulars of Claim

Ratio Decidendi

The First Defendant has not demonstrated that the Claimant's case (either as originally pleaded or as amended) has no real prospect of success; there is sufficient evidential foundation for the issues of participation and agency to proceed to trial; summary judgment and strike-out are refused; permission to amend the Particulars of Claim is granted.

Court Disposition

Applications for summary judgment and strike-out by First Defendant refused; Claimant's application to amend Particulars of Claim granted.

Orders

  • Permission granted for all amendments sought to Particulars of Claim.
  • Claim proceeds to trial on amended pleadings.