Raja v Khan

Raja v Khan

There is a real prospect of the claimant succeeding in showing that the occasion was not one of qualified privilege at the time of publication, as the subsistence of a duty and interest is a factual issue requiring trial.

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
Defendant's application for summary judgment on qualified privilege dismissed
Legal Topics
Qualified Privilege, Summary Judgment, Libel, Malice
Defamation Qualified Privilege Summary Judgment Libel Malice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mohammed M Raja

Claimant

Mohammed A Khan

Defendant

Procedural Posture

Libel Action / Application for Summary Judgment on Qualified Privilege

Legal Issues

  1. 1 Whether the occasion of publication was one of qualified privilege at the time of publication
  2. 2 Whether the lapse of time between the events and publication negates the duty and interest
  3. 3 Whether inclusion of extraneous matters defeats qualified privilege

Ratio Decidendi

There is a real prospect of the claimant succeeding in showing that the occasion was not one of qualified privilege at the time of publication, as the subsistence of a duty and interest is a factual issue requiring trial.

Court Disposition

Defendant's application for summary judgment on qualified privilege dismissed

Orders

  • The issue of qualified privilege will be resolved at trial
  • No summary judgment granted to the defendant