Raja v Khan [2005] EWHC 3138 (QB) (15 December 2005)
There is a real prospect that the claimant could succeed in showing that the duty and interest relationship did not subsist at the time of publication, and thus the occasion was not one of qualified privilege. The issue cannot be determined summarily and must be resolved at trial.
- Citation
- [2005] EWHC 3138
- 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
- Outcome
- Application for summary judgment on qualified privilege dismissed
- Legal Topics
- Qualified Privilege, Summary Judgment, Libel, Duty and Interest Test
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
Legal Issues
- 1 Whether the occasion of publication was one of qualified privilege at the time of publication
- 2 Whether the duty and interest relationship subsisted at the time of publication
- 3 Whether inclusion of allegedly irrelevant matters defeats qualified privilege
Ratio Decidendi
There is a real prospect that the claimant could succeed in showing that the duty and interest relationship did not subsist at the time of publication, and thus the occasion was not one of qualified privilege. The issue cannot be determined summarily and must be resolved at trial.
Court Disposition
Application for summary judgment on qualified privilege dismissed
Orders
- The issue of qualified privilege to be resolved at trial
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