Jameel & Anor v Times Newspapers Ltd.

Jameel & Anor v Times Newspapers Ltd.

The article was arguably capable of bearing the higher defamatory meaning (serious and substantial grounds for suspecting Mr Jameel of funding terrorism) and this should be determined by a jury. The article was not capable of defaming Hartwell PLC at any level. The question of the repetition rule's application to level (iii) meanings was not decided, as it was not argued on appeal.

Parties
Appellant: Jameel; Appellant: Hartwell PLC; Respondent: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
21 July 2004
Procedural Posture
Civil Appeal (defamation) / Appeal From High Court Judgment on Summary Judgment/strike Out Applications
Outcome
Jameel's appeal allowed; Hartwell's appeal dismissed.
Legal Topics
Defamatory Meaning, Repetition Rule, Justification, Corporate Defamation, Summary Judgment
Defamation Media Law Defamatory Meaning Repetition Rule Justification Corporate Defamation Summary Judgment

Case Brief

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Parties

Jameel

Appellant

Hartwell PLC

Appellant

Times Newspapers Limited

Respondent

Procedural Posture

Civil Appeal (defamation) / Appeal From High Court Judgment on Summary Judgment/strike Out Applications

Legal Issues

  1. 1 Whether the article was capable of bearing a defamatory meaning at the level of 'serious and substantial grounds for suspicion' against Mr Jameel
  2. 2 Whether the article was capable of defaming Hartwell PLC
  3. 3 Whether the repetition rule applies to level (iii) (grounds for inquiry) meanings in defamation

Ratio Decidendi

The article was arguably capable of bearing the higher defamatory meaning (serious and substantial grounds for suspecting Mr Jameel of funding terrorism) and this should be determined by a jury. The article was not capable of defaming Hartwell PLC at any level. The question of the repetition rule's application to level (iii) meanings was not decided, as it was not argued on appeal.

Court Disposition

Jameel's appeal allowed; Hartwell's appeal dismissed.

Orders

  • Jameel's action to proceed to trial on both higher and lower meanings.
  • Hartwell's claim remains struck out; judgment for Times Newspapers Limited stands.