Noorani v Calver

Noorani v Calver

The slander allegation is struck out as an abuse of process because publication was limited to the claimant’s wife and daughter, the evidence of reputational damage is suspect, and any damages would be disproportionate to the costs of litigation, falling squarely within the Jameel line of authority.

Parties
Claimant: Mr Bahram Noorani; Defendant: Mr Richard Calver
Jurisdiction
England and Wales
Judgment Date
16 March 2009
Procedural Posture
Defamation / Interlocutory Application to Strike Out Slander Allegation
Outcome
slander allegation struck out as abuse of process
Legal Topics
Slander, Abuse of Process, Qualified Privilege, Malice
Defamation Civil Procedure Slander Abuse of Process Qualified Privilege Malice

Case Brief

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Parties

Mr Bahram Noorani

Claimant

Mr Richard Calver

Defendant

Procedural Posture

Defamation / Interlocutory Application to Strike Out Slander Allegation

Legal Issues

  1. 1 Whether the alleged slanderous words are actionable as defamation or mere vulgar abuse
  2. 2 Whether the words are actionable per se without proof of special damage
  3. 3 Whether the slander claim constitutes an abuse of process under the Jameel principles

Ratio Decidendi

The slander allegation is struck out as an abuse of process because publication was limited to the claimant’s wife and daughter, the evidence of reputational damage is suspect, and any damages would be disproportionate to the costs of litigation, falling squarely within the Jameel line of authority.

Court Disposition

slander allegation struck out as abuse of process

Orders

  • The slander allegation is struck out.
  • Evidence relating to the alleged conversation on 10th July is not ruled inadmissible at this stage on the issue of malice.