Ibrahim v Swansea University [2012] EWHC 290 (QB) (20 February 2012)

Ibrahim v Swansea University [2012] EWHC 290 (QB) (20 February 2012)

The claim is struck out because the words complained of are not capable of being defamatory, there is no evidence of actionable publication, qualified privilege does not arise on the facts, the claim is an abuse of process, and the human rights claims are unparticularised and disclose no arguable cause of action.

Citation
[2012] EWHC 290 (QB)
Parties
Claimant: Samuel Andilile Ibrahim; Defendant: Swansea University
Jurisdiction
England and Wales
Judgment Date
20 February 2012
Procedural Posture
Libel Action / Application to Strike Out Claim or for Summary Judgment
Outcome
Claim struck out
Legal Topics
Libel, Qualified Privilege, Abuse of Process, Article 2 Protocol 1 ECHR (right to Education), Article 10 ECHR (freedom of Expression)
Defamation Human Rights Education Law Civil Procedure Libel Qualified Privilege Abuse of Process Article 2 Protocol 1 ECHR (right to Education) +1 more

Case Brief

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Parties

Samuel Andilile Ibrahim

Claimant

Swansea University

Defendant

Procedural Posture

Libel Action / Application to Strike Out Claim or for Summary Judgment

Legal Issues

  1. 1 Whether the claim discloses a reasonable cause of action in defamation
  2. 2 Whether the publications complained of are capable of being defamatory
  3. 3 Whether qualified privilege applies to the publications

Ratio Decidendi

The claim is struck out because the words complained of are not capable of being defamatory, there is no evidence of actionable publication, qualified privilege does not arise on the facts, the claim is an abuse of process, and the human rights claims are unparticularised and disclose no arguable cause of action.

Court Disposition

Claim struck out

Orders

  • Relevant statements of case struck out
  • Relief sought by defendant granted