RAJ v MSH [2026] EWHC 80 (KB) (19 January 2026)
The statements in both the Review Request and Academic Appeal bear Chase Level 1 meanings, alleging actual misconduct by the Claimant, and are defamatory at common law. Most statements are allegations of fact; only the suggestion that the Claimant was asking for a sexual relationship (by asking the Defendant to 'get close') is an expression of opinion. For malicious falsehood, the Claimant's pleaded meanings are within the range of available meanings.
- Citation
- [2026] EWHC 80 (KB)
- Parties
- Claimant: RAJ; Defendant: MSH
- Jurisdiction
- England and Wales
- Judgment Date
- 19 January 2026
- Procedural Posture
- Libel and Malicious Falsehood (trial of Preliminary Issues) / Judgment on Preliminary Issues (meaning, Fact/opinion, Defamatory at Common Law)
- Outcome
- Preliminary issues determined; meanings set out; costs in the case; malicious falsehood claim may proceed on pleaded meanings.
- Legal Topics
- Libel, Malicious Falsehood, Meaning of Words, Fact Vs Opinion, Defamatory at Common Law, Chase Levels, University Disciplinary Proceedings, Discrimination, Sexual Harassment
Case Brief
Summary, issues, holding and outcome
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Parties
RAJ
Claimant
MSH
Defendant
Procedural Posture
Libel and Malicious Falsehood (trial of Preliminary Issues) / Judgment on Preliminary Issues (meaning, Fact/opinion, Defamatory at Common Law)
Legal Issues
- 1 What is the single natural and ordinary meaning of the words complained of in the Review Request and Academic Appeal?
- 2 Are the statements allegations of fact or expressions of opinion?
- 3 Are the statements defamatory at common law?
Ratio Decidendi
The statements in both the Review Request and Academic Appeal bear Chase Level 1 meanings, alleging actual misconduct by the Claimant, and are defamatory at common law. Most statements are allegations of fact; only the suggestion that the Claimant was asking for a sexual relationship (by asking the Defendant to 'get close') is an expression of opinion. For malicious falsehood, the Claimant's pleaded meanings are within the range of available meanings.
Court Disposition
Preliminary issues determined; meanings set out; costs in the case; malicious falsehood claim may proceed on pleaded meanings.
Orders
- The statements bear the single natural and ordinary meanings set out in paragraphs 33 and 40 of the judgment.
- The underlined part of those meanings is an expression of opinion; the remainder are statements of fact.
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