Ismail & Anor v News Group Newspapers Ltd

Ismail & Anor v News Group Newspapers Ltd

The article was based on publicly available pleadings from the UKBA case, was substantially accurate, and any minor errors did not undermine the privilege defence. The statements complained of were either true, justified, or constituted fair comment. The claimants' causes of action beyond defamation had been withdrawn, and the remaining defamation claim was not sustainable.

Parties
Claimant: Mr Afham Ismail; Claimant: Mrs Bibi Ismail; Defendant: News Group Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
31 October 2012
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment for the defendant
Legal Topics
Summary Judgment, Strike Out, Privilege, Justification, Fair Comment
Defamation Summary Judgment Strike Out Privilege Justification Fair Comment

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 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Afham Ismail

Claimant

Mrs Bibi Ismail

Claimant

News Group Newspapers Limited

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the article published by the defendant was defamatory of the claimants
  2. 2 Whether the article was protected by privilege under the Defamation Act 1996
  3. 3 Whether the article was substantially accurate and justified

Ratio Decidendi

The article was based on publicly available pleadings from the UKBA case, was substantially accurate, and any minor errors did not undermine the privilege defence. The statements complained of were either true, justified, or constituted fair comment. The claimants' causes of action beyond defamation had been withdrawn, and the remaining defamation claim was not sustainable.

Court Disposition

summary judgment for the defendant

Orders

  • The defendant is granted summary judgment under CPR Part 24.
  • The claim is struck out.