Shakil-Ur-Rahman v ARY Network Ltd & Anor [2016] EWHC 3110 (QB) (02 December 2016)

Shakil-Ur-Rahman v ARY Network Ltd & Anor [2016] EWHC 3110 (QB) (02 December 2016)

The Defendants' broadcasts were seriously defamatory of the Claimant, none of the pleaded defences succeeded, the words caused or were likely to cause serious harm to the Claimant's reputation in England and Wales, and the Claimant is entitled to substantial damages for injury to reputation and distress. The harassment claim added nothing material to the damages already awarded for libel.

Citation
[2016] EWHC 3110
Parties
Claimant: Mir Shakil-Ur-Rahman; Defendant: ARY Network Ltd; Defendant: Fayaz Ghafoor
Jurisdiction
England and Wales
Judgment Date
02 December 2016
Procedural Posture
Civil Defamation and Harassment / Final Judgment After Trial
Outcome
Judgment for the Claimant
Legal Topics
Libel, Harassment, Damages, Qualified Privilege, Serious Harm, Causation, Aggravated Damages
Defamation Media Law Tort Harassment Libel Damages Qualified Privilege Serious Harm +2 more

Case Brief

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Parties

Mir Shakil-Ur-Rahman

Claimant

ARY Network Ltd

Defendant

Fayaz Ghafoor

Defendant

Procedural Posture

Civil Defamation and Harassment / Final Judgment After Trial

Legal Issues

  1. 1 Whether the broadcasts by the Defendants were defamatory of the Claimant under English law
  2. 2 Whether the Defendants' conduct amounted to harassment under the Prevention of Harassment Act 1997
  3. 3 Whether any defences (truth, honest opinion, qualified privilege) were available to the Defendants

Ratio Decidendi

The Defendants' broadcasts were seriously defamatory of the Claimant, none of the pleaded defences succeeded, the words caused or were likely to cause serious harm to the Claimant's reputation in England and Wales, and the Claimant is entitled to substantial damages for injury to reputation and distress. The harassment claim added nothing material to the damages already awarded for libel.

Court Disposition

Judgment for the Claimant

Orders

  • Defendants to pay £185,000 in damages to the Claimant
  • No viable defence of truth, honest opinion, or privilege established