David v Hosany

All proven publications by Ms Hosany were made on occasions of qualified privilege and were not actuated by express malice; therefore, the defence of qualified privilege succeeds and the claim fails.

Parties: Claimant: Kofoworola Adeolu David; Defendant: Zara Hosany
Jurisdiction: England and Wales
Judgment Date: 10 November 2017
Procedural Posture: Libel Action / Final Judgment After Trial
Outcome: Claim dismissed
Legal Topics: Libel, Qualified Privilege, Express Malice, Serious Harm, Human Rights Act, Article 8 ECHR

Defamation Tort Libel Qualified Privilege Express Malice Serious Harm Human Rights Act Article 8 ECHR

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2

Parties

Kofoworola Adeolu David

Claimant

Zara Hosany

Defendant

Procedural Posture

Libel Action / Final Judgment After Trial

Legal Issues

1 Whether the publications were defamatory
2 Whether the publications were protected by qualified privilege
3 Whether the defendant was actuated by express malice

Ratio Decidendi

All proven publications by Ms Hosany were made on occasions of qualified privilege and were not actuated by express malice; therefore, the defence of qualified privilege succeeds and the claim fails.

Court Disposition

Claim dismissed