Hussein & Ors v Hamilton Franks & Co Ltd & Anor [2013] EWHC 462 (QB) (17 January 2013)

Hussein & Ors v Hamilton Franks & Co Ltd & Anor [2013] EWHC 462 (QB) (17 January 2013)

The claimants are entitled to default judgment as the defendants failed to acknowledge service or defend the claim. The published words are highly defamatory, and the claimants have sufficient connections to the jurisdiction to justify relief. Injunctive relief is necessary and proportionate to prevent further publication. Damages are awarded to vindicate the claimants' reputations within the jurisdiction, taking into account their limited but significant connections to England and Wales.

Citation
[2013] EWHC 462
Parties
Claimant: Dilber Hussein; Claimant: Amtul Hussein; Claimant: Omar Hussein; Defendant: Hamilton Franks & Co Limited; Defendant: Graham Bennetti
Jurisdiction
England and Wales
Judgment Date
17 January 2013
Procedural Posture
Libel Action (defamation) / Application for Default Judgment and Relief (injunction and Damages)
Outcome
Default judgment for the claimants. Injunction granted. Damages awarded.
Legal Topics
Libel, Default Judgment, Injunctive Relief, Damages, Jurisdiction, Freedom of Expression
Defamation Tort Law Civil Procedure Libel Default Judgment Injunctive Relief Damages Jurisdiction +1 more

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Parties

Dilber Hussein

Claimant

Amtul Hussein

Claimant

Omar Hussein

Claimant

Hamilton Franks & Co Limited

Defendant

Graham Bennetti

Defendant

Procedural Posture

Libel Action (defamation) / Application for Default Judgment and Relief (injunction and Damages)

Legal Issues

  1. 1 Whether the claimants are entitled to default judgment for libel against the defendants
  2. 2 Whether injunctive relief should be granted to restrain further publication of defamatory material
  3. 3 Assessment of damages for defamation where claimants have significant connections to but are not resident in the jurisdiction

Ratio Decidendi

The claimants are entitled to default judgment as the defendants failed to acknowledge service or defend the claim. The published words are highly defamatory, and the claimants have sufficient connections to the jurisdiction to justify relief. Injunctive relief is necessary and proportionate to prevent further publication. Damages are awarded to vindicate the claimants' reputations within the jurisdiction, taking into account their limited but significant connections to England and Wales.

Court Disposition

Default judgment for the claimants. Injunction granted. Damages awarded.

Orders

  • Defendants to take down the defamatory words from their website and prohibited from publishing the same or similar words.
  • Damages awarded: £10,000 each to Dilber Hussein and Amtul Hussein, £20,000 to Omar Hussein.