Jameel v Times Newspapers Ltd.

Jameel v Times Newspapers Ltd.

The court held that statutory qualified privilege under the Defamation Act 1996 did not apply to those parts of the article identifying the Claimant as a donor on the Golden Chain list or stating the reasons for his joinder in US proceedings, as these were not public documents or proceedings. The plea of justification was struck out because the evidence relied upon (the Golden Chain list) was insufficient to establish grounds for inquiry or investigation linking the Claimant to funding terrorism. The remaining privilege issues, including common law and Reynolds privilege, were to be determined by judge alone as a preliminary issue.

Parties
Claimant: Yousef Jameel; Defendant: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
15 June 2005
Procedural Posture
Civil Defamation (libel) / Pre Trial Review; Interlocutory Applications
Outcome
Statutory qualified privilege defence limited; plea of justification struck out; issue of privilege to be tried as a preliminary issue by judge alone.
Legal Topics
Statutory Qualified Privilege, Common Law Privilege, Reynolds Privilege, Justification Defence, Striking Out Pleadings, Admissibility of Evidence, Hearsay, Case Management
Defamation Media Law Civil Procedure Statutory Qualified Privilege Common Law Privilege Reynolds Privilege Justification Defence Striking Out Pleadings +3 more

Case Brief

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Parties

Yousef Jameel

Claimant

Times Newspapers Limited

Defendant

Procedural Posture

Civil Defamation (libel) / Pre Trial Review; Interlocutory Applications

Legal Issues

  1. 1 Whether statutory qualified privilege under the Defamation Act 1996 applies to the article in question
  2. 2 Whether the defence of justification should be struck out for lack of sufficient grounds
  3. 3 Whether certain evidence and witness statements are admissible or should be excluded

Ratio Decidendi

The court held that statutory qualified privilege under the Defamation Act 1996 did not apply to those parts of the article identifying the Claimant as a donor on the Golden Chain list or stating the reasons for his joinder in US proceedings, as these were not public documents or proceedings. The plea of justification was struck out because the evidence relied upon (the Golden Chain list) was insufficient to establish grounds for inquiry or investigation linking the Claimant to funding terrorism. The remaining privilege issues, including common law and Reynolds privilege, were to be determined by judge alone as a preliminary issue.

Court Disposition

Statutory qualified privilege defence limited; plea of justification struck out; issue of privilege to be tried as a preliminary issue by judge alone.

Orders

  • Defence of statutory qualified privilege not struck out entirely but limited to certain parts of the article.
  • Plea of justification struck out.