Hourani v Thomson & Ors (Rev 1)

Hourani v Thomson & Ors (Rev 1)

The campaign against Mr Hourani, including street protests, online publications, and sticker distribution, amounted to libel and harassment. The allegations of murder and other crimes were not established as true. The defences of public interest, prevention/detection of crime, and reasonableness failed because the defendants did not hold reasonable beliefs, did not act for the dominant purpose of preventing crime, and their conduct was highly unreasonable and oppressive. Serious harm to reputation and distress were proved. Damages and injunctions were warranted.

Parties
Claimant: Issam Salah Hourani; Defendant: Alistair Thomson; Defendant: Bryan McCarthy; Defendant: Allison Blair; Defendant: Psybersolutions LLC; Defendant: John Michael Waller
Jurisdiction
England and Wales
Judgment Date
10 March 2017
Procedural Posture
Civil (libel and Harassment) / Final Judgment After Trial
Outcome
Claims for libel and harassment against all defendants except Ms Blair are allowed. Claims against Ms Blair are dismissed.
Legal Topics
Libel, Harassment, Freedom of Expression, Damages, Injunctions, Public Interest Defence
Defamation Tort Law Civil Procedure Human Rights Libel Harassment Freedom of Expression Damages +2 more

Case Brief

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Parties

Issam Salah Hourani

Claimant

Alistair Thomson

Defendant

Bryan McCarthy

Defendant

Allison Blair

Defendant

Psybersolutions LLC

Defendant

John Michael Waller

Defendant

Procedural Posture

Civil (libel and Harassment) / Final Judgment After Trial

Legal Issues

  1. 1 Whether the acts complained of involved publication within the jurisdiction
  2. 2 Responsibility of each defendant for the acts/publications
  3. 3 Defamatory meanings of the publications

Ratio Decidendi

The campaign against Mr Hourani, including street protests, online publications, and sticker distribution, amounted to libel and harassment. The allegations of murder and other crimes were not established as true. The defences of public interest, prevention/detection of crime, and reasonableness failed because the defendants did not hold reasonable beliefs, did not act for the dominant purpose of preventing crime, and their conduct was highly unreasonable and oppressive. Serious harm to reputation and distress were proved. Damages and injunctions were warranted.

Court Disposition

Claims for libel and harassment against all defendants except Ms Blair are allowed. Claims against Ms Blair are dismissed.

Orders

  • Damages totalling £80,000 awarded to Mr Hourani: Mr Thomson to pay £40,000 (£30,000 libel, £10,000 harassment); Mr McCarthy to pay £65,000 (£50,000 libel, £15,000 harassment); Psybersolutions to pay £80,000 (£50,000 libel, £30,000 harassment); Dr Waller to pay £30,000 (harassment only).
  • Injunctions granted against all liable defendants to restrain further libel and harassment.