Sooben v Badal
The article published by the Defendant contained a very serious and false allegation that the Claimant attempted to procure perjury, which was defamatory and not justified by any defence. The Defendant failed to meet the standards of responsible journalism required for Reynolds privilege, including not seeking the Claimant's response and publishing a one-sided account. The Claimant is entitled to damages for the harm to his reputation and distress caused.
- Parties
- Claimant: Anbananden Sooben; Defendant: Eshan Badal
- Jurisdiction
- England and Wales
- Judgment Date
- 31 October 2017
- Procedural Posture
- Defamation (libel) / Judgment After Trial
- Outcome
- Judgment for the Claimant
- Legal Topics
- Libel, Reynolds Privilege, Damages, Professional Reputation
Case Brief
Summary, issues, holding and outcome
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Parties
Anbananden Sooben
Claimant
Eshan Badal
Defendant
Procedural Posture
Defamation (libel) / Judgment After Trial
Legal Issues
- 1 Whether the published article was defamatory of the Claimant
- 2 Whether the Defendant could rely on Reynolds privilege (responsible journalism/public interest)
- 3 Assessment of damages
Ratio Decidendi
The article published by the Defendant contained a very serious and false allegation that the Claimant attempted to procure perjury, which was defamatory and not justified by any defence. The Defendant failed to meet the standards of responsible journalism required for Reynolds privilege, including not seeking the Claimant's response and publishing a one-sided account. The Claimant is entitled to damages for the harm to his reputation and distress caused.
Court Disposition
Judgment for the Claimant
Orders
- The Defendant shall pay the Claimant £70,000 in general damages for libel.
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