Raja v Khan [2005] EWHC 3138 (QB) (15 December 2005)

Raja v Khan [2005] EWHC 3138 (QB) (15 December 2005)

The court held that there was a real prospect of the claimant succeeding in showing that the duty and interest relationship did not subsist at the time of publication in February 2004, and therefore the occasion was not one of qualified privilege. The issue could not be determined summarily and required resolution at trial.

Citation
[2005] EWHC 3138 (QB)
Parties
Claimant: Mohammed M Raja; Defendant: Mohammed A Khan
Jurisdiction
England and Wales
Judgment Date
15 December 2005
Procedural Posture
Libel Action / Application for Summary Judgment on Qualified Privilege and Related Orders
Outcome
Application for summary judgment on qualified privilege refused
Legal Topics
Qualified Privilege, Summary Judgment, Libel, Duty and Interest, Malice
Defamation Civil Procedure Qualified Privilege Summary Judgment Libel Duty and Interest Malice

Case Brief

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Parties

Mohammed M Raja

Claimant

Mohammed A Khan

Defendant

Procedural Posture

Libel Action / Application for Summary Judgment on Qualified Privilege and Related Orders

Legal Issues

  1. 1 Whether the occasion of publication was one of qualified privilege at the time of the letter in February 2004
  2. 2 Whether the inclusion of allegedly irrelevant matters in the letter defeats qualified privilege
  3. 3 Whether the duty and interest relationship subsisted at the time of publication for each publishee

Ratio Decidendi

The court held that there was a real prospect of the claimant succeeding in showing that the duty and interest relationship did not subsist at the time of publication in February 2004, and therefore the occasion was not one of qualified privilege. The issue could not be determined summarily and required resolution at trial.

Court Disposition

Application for summary judgment on qualified privilege refused

Orders

  • The defendant's application for a ruling of qualified privilege is dismissed; the issue will proceed to trial.