Ghannouchi v Houni Ltd. & Ors

Ghannouchi v Houni Ltd. & Ors

The material sought to be introduced by the defendants does not constitute directly relevant background context as intended by Burstein, but amounts to an illegitimate attempt to reintroduce justification and partial justification. Allowing such evidence would be disproportionate and unfair to the claimant, especially in the absence of supporting evidence. Permission to rely on revised paragraph 11 is refused.

Parties
Claimant/respondent: Mr Rashid Ghannouchi; Defendants/applicants: Houni Ltd & others
Jurisdiction
England and Wales
Judgment Date
17 March 2003
Procedural Posture
Libel Action / Interlocutory Application Ruling
Outcome
Permission to rely on revised paragraph 11 refused; defendants may not introduce the proposed background context evidence.
Legal Topics
Striking Out Defences, Mitigation of Damages, Background Context Evidence, Case Management
Defamation Civil Procedure Striking Out Defences Mitigation of Damages Background Context Evidence Case Management

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 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Mr Rashid Ghannouchi

Claimant/respondent

Houni Ltd & others

Defendants/applicants

Procedural Posture

Libel Action / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the defendants can rely on revised paragraph 11 to introduce background context evidence after abandoning justification and qualified privilege defences
  2. 2 Whether cross-examination on claimant's past statements and conduct is permissible as directly relevant background context
  3. 3 Whether the proposed evidence constitutes mitigation of damages or illegitimate partial justification

Ratio Decidendi

The material sought to be introduced by the defendants does not constitute directly relevant background context as intended by Burstein, but amounts to an illegitimate attempt to reintroduce justification and partial justification. Allowing such evidence would be disproportionate and unfair to the claimant, especially in the absence of supporting evidence. Permission to rely on revised paragraph 11 is refused.

Court Disposition

Permission to rely on revised paragraph 11 refused; defendants may not introduce the proposed background context evidence.

Orders

  • Defendants' application to substitute paragraph 11 refused.
  • No evidence to be led as to the allegedly autocratic nature of the Tunisian regime.