HAMZA IJAZ v GHAFOOR MANAN

HAMZA IJAZ v GHAFOOR MANAN

The court determined the natural and ordinary meanings of the five publications, applying the Chase levels. The April and May texts, though serious, did not cause real and substantial tort as the sole publishee (claimant's father) did not believe the allegations, and thus those claims were struck out under the Jameel jurisdiction.

Parties
Claimant: Hamza Ijaz; Defendant: Ghafoor Manan
Jurisdiction
England and Wales
Judgment Date
07 December 2021
Procedural Posture
Civil Defamation (libel) / Judgment on Preliminary Issues (meaning of Publications and Jameel Jurisdiction)
Outcome
Partial strike out of claims; preliminary issues determined
Legal Topics
Libel, Meaning of Defamatory Publications, Jameel Jurisdiction (abuse of Process), Threshold of Seriousness, Chase Levels of Meaning
Defamation Tort Law Civil Procedure Libel Meaning of Defamatory Publications Jameel Jurisdiction (abuse of Process) Threshold of Seriousness Chase Levels of Meaning

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Parties

Hamza Ijaz

Claimant

Ghafoor Manan

Defendant

Procedural Posture

Civil Defamation (libel) / Judgment on Preliminary Issues (meaning of Publications and Jameel Jurisdiction)

Legal Issues

  1. 1 What is the natural and ordinary meaning of each of the five pleaded publications?
  2. 2 Do the April and May texts constitute a serious and substantial tort under the Jameel jurisdiction?

Ratio Decidendi

The court determined the natural and ordinary meanings of the five publications, applying the Chase levels. The April and May texts, though serious, did not cause real and substantial tort as the sole publishee (claimant's father) did not believe the allegations, and thus those claims were struck out under the Jameel jurisdiction.

Court Disposition

Partial strike out of claims; preliminary issues determined

Orders

  • The libel claims based on the April and May texts are struck out under the Jameel jurisdiction.
  • The meanings of the five pleaded publications are determined as set out in the judgment.