His Highness Prince Moulay Hicham Ben Abdullah Al Alaoui of Morocco v Elaph Publishing Ltd

His Highness Prince Moulay Hicham Ben Abdullah Al Alaoui of Morocco v Elaph Publishing Ltd

The article was not capable of bearing the defamatory meanings pleaded in paragraphs 6.1 and 6.3 of the Particulars of Claim because 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 a witness to lie about the nature of a meeting, which is capable of being defamatory.

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 / Interlocutory Application to Determine Whether Pleaded Meanings Are Capable of Being Defamatory
Outcome
Partial success for defendant; some pleaded meanings struck out, one meaning allowed to proceed.
Legal Topics
Meaning in Defamation, Defamatory Capacity, Summary Judgment, Natural and Ordinary Meaning
Defamation Media Law Meaning in Defamation Defamatory Capacity Summary Judgment 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 / Interlocutory Application to Determine Whether Pleaded Meanings Are Capable of Being Defamatory

Legal Issues

  1. 1 Whether the words complained of are capable of bearing the defamatory meanings pleaded
  2. 2 Whether the article is capable of being defamatory of the claimant under English law

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 because 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 a witness to lie about the nature of a meeting, which is capable of being defamatory.

Court Disposition

Partial success for defendant; some pleaded meanings struck out, one meaning allowed to proceed.

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 set out in paragraph 6.2 of the Particulars of Claim.