Thour v The Royal Free Hampstead NHS Trust

Thour v The Royal Free Hampstead NHS Trust

The words complained of were published on an occasion of qualified privilege, there was no evidence of malice or bad faith, and the inaccuracy in the reference was promptly corrected and immaterial. Therefore, the claim fails.

Source-derived case information.

Parties
Claimant: Mr Bol Thour; Defendant: The Royal Free Hampstead NHS Trust
Jurisdiction
England and Wales
Judgment Date
29 May 2012
Procedural Posture
Civil Libel / Judgment After Trial
Outcome
Claim dismissed; judgment for the defendant.
Legal Topics
Libel, Qualified Privilege, Malice, Employment References, Human Rights Act 1998
Defamation Employment Law Libel Qualified Privilege Malice Employment References Human Rights Act 1998

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Bol Thour

Claimant

The Royal Free Hampstead NHS Trust

Defendant

Procedural Posture

Civil Libel / Judgment After Trial

Legal Issues

  1. 1 Whether the words in the employment reference were defamatory
  2. 2 Whether the defence of qualified privilege applies to the reference
  3. 3 Whether the defendant acted with malice or bad faith

Ratio Decidendi

The words complained of were published on an occasion of qualified privilege, there was no evidence of malice or bad faith, and the inaccuracy in the reference was promptly corrected and immaterial. Therefore, the claim fails.

Court Disposition

Claim dismissed; judgment for the defendant.