Kadir & Anor v Channel S Television Ltd

Kadir & Anor v Channel S Television Ltd

The broadcast bore the meanings alleged by the claimants, namely that employees of the second claimant were reasonably suspected of defrauding customers, the company could not be trusted, and the first claimant acted evasively and incompetently. These were serious allegations likely to cause significant reputational harm. The defendant's conduct aggravated the injury. £20,000 general damages are awarded to each claimant.

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 / Assessment of Damages Following Default Judgment
Outcome
Damages awarded to both claimants; no injunction granted as undertaking given; no special damages awarded.
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 / 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 the claimant entitled to aggravated damages?

Ratio Decidendi

The broadcast bore the meanings alleged by the claimants, namely that employees of the second claimant were reasonably suspected of defrauding customers, the company could not be trusted, and the first claimant acted evasively and incompetently. These were serious allegations likely to cause significant reputational harm. The defendant's conduct aggravated the injury. £20,000 general damages are awarded to each claimant.

Court Disposition

Damages awarded to both claimants; no injunction granted as undertaking given; no special damages awarded.

Orders

  • Defendant to pay £20,000 to Hafiz Abdul Kadir.
  • Defendant to pay £20,000 to Barakah UK Ltd.