Ismaik v Fadaat Media Ltd [2022] EWHC 3260 (KB) (19 December 2022)

Ismaik v Fadaat Media Ltd [2022] EWHC 3260 (KB) (19 December 2022)

The article is defamatory of Mr Ismaik only in so far as it alleges he was convicted in Jordan in financial cases involving petty sums of money (fact, Chase level 1) and prosecuted in a major money laundering case (fact, Chase level 2). The remaining allegations, including those about authorship, political views, and use of Google, are either opinion or not of defamatory tendency.

Citation
[2022] EWHC 3260 (KB)
Parties
Claimant: Hasan Abdullah Ismaik; Defendant: Fadaat Media Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2022
Procedural Posture
Defamation / Preliminary Issues Determination (meaning, Defamatory Tendency, Fact/opinion)
Outcome
Partially in favour of the claimant (only as to conviction and prosecution allegations being defamatory); otherwise in favour of the defendant.
Legal Topics
Defamation, Meaning of Words, Fact Vs Opinion, Defamatory Tendency, Media Publications
Media Law Defamation Meaning of Words Fact Vs Opinion Defamatory Tendency Media Publications

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Parties

Hasan Abdullah Ismaik

Claimant

Fadaat Media Limited

Defendant

Procedural Posture

Defamation / Preliminary Issues Determination (meaning, Defamatory Tendency, Fact/opinion)

Legal Issues

  1. 1 What is the natural and ordinary meaning of the article?
  2. 2 Are the meanings defamatory at common law?
  3. 3 Are the allegations fact or opinion?

Ratio Decidendi

The article is defamatory of Mr Ismaik only in so far as it alleges he was convicted in Jordan in financial cases involving petty sums of money (fact, Chase level 1) and prosecuted in a major money laundering case (fact, Chase level 2). The remaining allegations, including those about authorship, political views, and use of Google, are either opinion or not of defamatory tendency.

Court Disposition

Partially in favour of the claimant (only as to conviction and prosecution allegations being defamatory); otherwise in favour of the defendant.

Orders

  • Declaration that the article is defamatory of Mr Ismaik only in respect of the conviction and prosecution allegations.
  • No finding of defamation in respect of the remaining allegations.