Hijazi v Yaxley-Lennon [2020] EWHC 934 (QB) (21 April 2020)

Hijazi v Yaxley-Lennon [2020] EWHC 934 (QB) (21 April 2020)

The First Video means the Claimant had, as part of a gang, participated in a violent assault on a young girl causing her significant injuries, and threatened to stab another child. The Second Video means the Claimant had, as part of a gang, participated in a violent assault on a young girl causing her significant injuries. The meanings advanced by the Claimant were too broad, and the Defendant's meanings understated the gravity of the allegations. The two videos are separate publications and context from one cannot be imported into the other unless properly pleaded.

Citation
[2020] EWHC 934 (QB)
Parties
Claimant: Jamal Hijazi; Litigation Friend for Claimant: Abdulnaser Yousef; Defendant: Stephen Yaxley-Lennon
Jurisdiction
England and Wales
Judgment Date
21 April 2020
Procedural Posture
Libel / Preliminary Issue Trial on Meaning
Outcome
Determination of meaning as preliminary issue; no final disposition of the claim.
Legal Topics
Libel, Meaning of Defamatory Statements, Context in Defamation, Preliminary Issues
Defamation Media Law Libel Meaning of Defamatory Statements Context in Defamation Preliminary Issues

Case Brief

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Parties

Jamal Hijazi

Claimant

Abdulnaser Yousef

Litigation Friend for Claimant

Stephen Yaxley-Lennon

Defendant

Procedural Posture

Libel / Preliminary Issue Trial on Meaning

Legal Issues

  1. 1 What is the natural and ordinary meaning of the First and Second Videos published by the Defendant about the Claimant?
  2. 2 Does the context of one video affect the meaning of the other?
  3. 3 Are the meanings pleaded by the Claimant or Defendant sustainable?

Ratio Decidendi

The First Video means the Claimant had, as part of a gang, participated in a violent assault on a young girl causing her significant injuries, and threatened to stab another child. The Second Video means the Claimant had, as part of a gang, participated in a violent assault on a young girl causing her significant injuries. The meanings advanced by the Claimant were too broad, and the Defendant's meanings understated the gravity of the allegations. The two videos are separate publications and context from one cannot be imported into the other unless properly pleaded.

Court Disposition

Determination of meaning as preliminary issue; no final disposition of the claim.

Orders

  • The natural and ordinary meaning of the First Video is: The Claimant had (1) as part of a gang, participated in a violent assault on a young girl which had caused her significant injuries; and (2) threatened to stab another child.
  • The natural and ordinary meaning of the Second Video is: The Claimant had, as part of a gang, participated in a violent assault on a young girl which had caused her significant injuries.