Ann-Marie Janice Smith v Pastor John Charles Surridge & Ors
The claims were dismissed because the reference was published on an occasion of qualified privilege without malice, and the defendants proved the substantial truth of the core allegations regarding safeguarding issues, particularly the Parliament Visit and Muskah incidents. The negligent misstatement and misuse of private information claims also failed as the reference was accurate, prepared with due care, and published lawfully in a privileged context.
- Parties
- Claimant: Ann-Marie Janice Smith; Claimant: Kayon Judydeen Jackson; Defendant: Pastor John Charles Surridge; Defendant: Pastor Ian Sweeney; Defendant: Pastor Emmanuel Osei; Defendant: Kaz James
- Jurisdiction
- England and Wales
- Judgment Date
- 20 January 2025
- Procedural Posture
- Civil / Judgment After Trial
- Outcome
- All claims dismissed
- Legal Topics
- Libel, Negligent Misstatement, Misuse of Private Information, Qualified Privilege, Truth Defence, Serious Harm, Safeguarding in Schools, References and Employment, Unincorporated Associations
Case Brief
Summary, issues, holding and outcome
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Parties
Ann-Marie Janice Smith
Claimant
Kayon Judydeen Jackson
Claimant
Pastor John Charles Surridge
Defendant
Pastor Ian Sweeney
Defendant
Pastor Emmanuel Osei
Defendant
Kaz James
Defendant
Procedural Posture
Civil / Judgment After Trial
Legal Issues
- 1 Whether the reference caused or was likely to cause serious harm to the claimants' reputations
- 2 Whether the reference was published on an occasion of qualified privilege and, if so, whether malice was proved to rebut that privilege
- 3 Whether the defendants proved the substantial truth of the words complained of
Ratio Decidendi
The claims were dismissed because the reference was published on an occasion of qualified privilege without malice, and the defendants proved the substantial truth of the core allegations regarding safeguarding issues, particularly the Parliament Visit and Muskah incidents. The negligent misstatement and misuse of private information claims also failed as the reference was accurate, prepared with due care, and published lawfully in a privileged context.
Court Disposition
All claims dismissed
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