His Highness Prince Moulay Hicham Ben Abdullah Al Alaoui of Morocco v Elaph Publishing Ltd [2015] EWHC 1084 (QB) (24 April 2015)

His Highness Prince Moulay Hicham Ben Abdullah Al Alaoui of Morocco v Elaph Publishing Ltd [2015] EWHC 1084 (QB) (24 April 2015)

The article was not capable of bearing the defamatory meanings pleaded in paragraphs 6.1 and 6.3 of the Particulars of Claim, as it did not allege the claimant induced false allegations or acted without caring for the truth. However, the article was capable of bearing the defamatory meaning in paragraph 6.2, namely that the claimant instructed Mr Moumni to lie about the nature of their meeting.

Citation
[2015] EWHC 1084
Parties
Claimant: His Highness Prince Moulay Hicham Ben Abdullah Al Alaoui of Morocco; Defendant: Elaph Publishing Limited
Jurisdiction
England and Wales
Judgment Date
24 April 2015
Procedural Posture
Libel Claim / Interlocutory Application for Determination of Meaning
Outcome
Partial success for claimant; application granted in part
Legal Topics
Defamatory Meaning, Libel, Summary Judgment, Defamation Act 2013, Natural and Ordinary Meaning
Defamation Media Law Defamatory Meaning Libel Summary Judgment Defamation Act 2013 Natural and Ordinary Meaning

Case Brief

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Parties

His Highness Prince Moulay Hicham Ben Abdullah Al Alaoui of Morocco

Claimant

Elaph Publishing Limited

Defendant

Procedural Posture

Libel Claim / Interlocutory Application for Determination of Meaning

Legal Issues

  1. 1 Whether the words complained of are capable of bearing the defamatory meanings pleaded by the claimant
  2. 2 Whether the article is capable of bearing any other defamatory meaning of the claimant
  3. 3 Whether the claim should be struck out or summary judgment entered for the defendant

Ratio Decidendi

The article was not capable of bearing the defamatory meanings pleaded in paragraphs 6.1 and 6.3 of the Particulars of Claim, as it did not allege the claimant induced false allegations or acted without caring for the truth. However, the article was capable of bearing the defamatory meaning in paragraph 6.2, namely that the claimant instructed Mr Moumni to lie about the nature of their meeting.

Court Disposition

Partial success for claimant; application granted in part

Orders

  • The article is not capable of bearing the defamatory meanings pleaded in paragraphs 6.1 and 6.3 of the Particulars of Claim.
  • The article is capable of bearing the defamatory meaning pleaded in paragraph 6.2 of the Particulars of Claim.