Bukhari v Bukhari

The Defendant is required to set out his case on meaning, defamatory status, and fact/opinion in respect of each of the Tweets and videos complained of in the libel claim, as this is a proportionate and just approach given the actual number of publications in issue and the need to actively manage the case and identify issues early.

Parties: Claimant: Sayed Zulfikar Abbas Bukhari; Defendant: Syed Tauqeer Bukhari
Jurisdiction: England and Wales
Judgment Date: 21 December 2020
Procedural Posture: Civil Defamation (libel) / Interlocutory Application for Directions on Preliminary Issues
Outcome: Application granted in favour of the Claimant
Legal Topics: Libel, Harassment, Preliminary Issues, Meaning of Publication, Case Management, Proportionality

Defamation Civil Procedure Libel Harassment Preliminary Issues Meaning of Publication Case Management Proportionality

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Parties

Sayed Zulfikar Abbas Bukhari

Claimant

Syed Tauqeer Bukhari

Defendant

Procedural Posture

Civil Defamation (libel) / Interlocutory Application for Directions on Preliminary Issues

Legal Issues

1 Whether the Defendant should be required to state his case on meaning and preliminary matters for all publications complained of or a restricted number
2 How to manage the preliminary trial of issues of meaning, defamatory status, and fact/opinion in a proportionate manner

Ratio Decidendi

Court Disposition

Application granted in favour of the Claimant

Orders

Defendant to state his case on meaning, defamatory status, and fact/opinion for each publication complained of in the libel claim
Parties to supply a draft order in similar terms to that previously agreed