Hussein & Ors v Hamilton Franks & Co Ltd & Anor

Hussein & Ors v Hamilton Franks & Co Ltd & Anor

Claimants are entitled to default judgment as defendants failed to acknowledge service or defend; the published words are highly defamatory, causing reputational harm in the UK, justifying injunctive relief and damages.

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
Defamation / Application for Default Judgment and Relief
Outcome
Default judgment entered for claimants; injunctive relief and damages granted.
Legal Topics
Libel, Injunctive Relief, Damages, Default Judgment
Defamation Tort Libel Injunctive Relief Damages Default Judgment

Case Brief

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Parties

Dilber Hussein

Claimant

Amtul Hussein

Claimant

Omar Hussein

Claimant

Hamilton Franks & Co Limited

Defendant

Graham Bennetti

Defendant

Procedural Posture

Defamation / Application for Default Judgment and Relief

Legal Issues

  1. 1 Whether the claimants are entitled to default judgment for libel
  2. 2 Whether injunctive relief should be granted to restrain further publication
  3. 3 Assessment of damages for defamatory publication

Ratio Decidendi

Claimants are entitled to default judgment as defendants failed to acknowledge service or defend; the published words are highly defamatory, causing reputational harm in the UK, justifying injunctive relief and damages.

Court Disposition

Default judgment entered for claimants; injunctive relief and damages granted.

Orders

  • Defendants to take down defamatory words from website.
  • Defendants prohibited from publishing same or similar defamatory words.