Kadir & Anor v Channel S Television Ltd [2014] EWHC 2305 (QB) (15 July 2014)

Kadir & Anor v Channel S Television Ltd [2014] EWHC 2305 (QB) (15 July 2014)

The broadcast conveyed that the 2nd Claimant was reasonably suspected of defrauding customers and could not be trusted, and that the 1st Claimant dealt with suspicions in an evasive and incompetent manner. These meanings were defamatory. The broadcast caused serious reputational harm to both claimants, justifying general damages of £20,000 each. No injunction was necessary due to the defendant's undertaking.

Citation
[2014] EWHC 2305
Parties
Claimant: Hafiz Abdul Kadir; Claimant: Barakah UK Ltd (t/a Barakah Money Transfer); Defendant: Channel S Television Ltd
Jurisdiction
England and Wales
Judgment Date
15 July 2014
Procedural Posture
Defamation (libel) / Assessment of Damages Following Default Judgment
Outcome
Judgment for the claimants on assessment of damages.
Legal Topics
Defamation, Libel, Damages, Injunctions
Tort Media Law Defamation Libel Damages Injunctions

Case Brief

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Parties

Hafiz Abdul Kadir

Claimant

Barakah UK Ltd (t/a Barakah Money Transfer)

Claimant

Channel S Television Ltd

Defendant

Procedural Posture

Defamation (libel) / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 What defamatory meaning did the broadcast bear?
  2. 2 What general damages are appropriate for each claimant?
  3. 3 Is an injunction necessary given the defendant's undertaking?

Ratio Decidendi

The broadcast conveyed that the 2nd Claimant was reasonably suspected of defrauding customers and could not be trusted, and that the 1st Claimant dealt with suspicions in an evasive and incompetent manner. These meanings were defamatory. The broadcast caused serious reputational harm to both claimants, justifying general damages of £20,000 each. No injunction was necessary due to the defendant's undertaking.

Court Disposition

Judgment for the claimants on assessment of damages.

Orders

  • Defendant to pay £20,000 to the 1st Claimant.
  • Defendant to pay £20,000 to the 2nd Claimant.