Dhir v Saddler

Dhir v Saddler

The Defendant failed to prove the truth of the allegation that the Claimant threatened to slit her throat at the September meeting. The slander was actionable per se, published to at least 90 people, caused serious harm to reputation, and was not an abuse of process. Damages are awarded, taking into account aggravating and mitigating factors.

Parties
Claimant: Raj Dhir; Defendant: Bronte Saddler
Jurisdiction
England and Wales
Judgment Date
06 December 2017
Procedural Posture
Slander / Judgment After Full Trial
Outcome
Claim allowed; judgment for Claimant.
Legal Topics
Slander, Truth Defence, Serious Harm, Damages, Abuse of Process
Defamation Tort Slander Truth Defence Serious Harm Damages Abuse of Process

Case Brief

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Parties

Raj Dhir

Claimant

Bronte Saddler

Defendant

Procedural Posture

Slander / Judgment After Full Trial

Legal Issues

  1. 1 Whether the slander was actionable per se
  2. 2 Extent of publication
  3. 3 Serious harm to reputation under s.1 Defamation Act 2013

Ratio Decidendi

The Defendant failed to prove the truth of the allegation that the Claimant threatened to slit her throat at the September meeting. The slander was actionable per se, published to at least 90 people, caused serious harm to reputation, and was not an abuse of process. Damages are awarded, taking into account aggravating and mitigating factors.

Court Disposition

Claim allowed; judgment for Claimant.

Orders

  • Defendant to pay Claimant £35,000 in damages