England and Wales Case Law

Dr Ashti Hawrami v Journalism Development Network Inc & Ors

The claimant's application for summary judgment against the qualified privilege defence is dismissed except in relation to specific paragraphs and sentences (the 'Tenth aspect') which are determined not to attract qualified privilege, as those parts are not a fair and accurate report of the Excalibur Material. The remainder of the qualified privilege defence has real prospects of success and should proceed to trial. The interaction between meaning and qualified privilege, and the complexity of the issues, provide a compelling reason for a trial.

Source excerpt

• Qualified privilege
• Fair and accurate report
• Summary judgment
• Meaning in defamation
• Reporting of legal proceedings

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Salman Iqbal v GEO TV Limited

The application for summary judgment is dismissed because the issues of public interest, public benefit, and malice raise factual disputes that cannot be resolved without a trial. The claimant has a realistic prospect of success on these issues, and a fuller investigation at trial is necessary.

Source excerpt

• Statutory qualified privilege
• Public interest defence
• Malice
• Fair and accurate report
• Public meeting
• Press conference

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Hawrami v Journalism Development Network Inc & Ors

Hawrami v Journalism Development Network Inc & Ors [2024] EWHC 2194 (KB) (23 August 2024)

High Court libel judgment on an OCCRP article about Dr Ashti Hawrami and Gulf Keystone, holding only some passages claimed privilege and finding the article defamatory.

• Qualified privilege
• Fair and accurate report
• Public interest
• Meaning in defamation
• Hybrid publication
• Repetition rule

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Hawrami v Journalism Development Network Inc & Ors

Hawrami v Journalism Development Network Inc & Ors [2024] EWHC 389 (KB) (22 February 2024)

The High Court considered whether an online article about Iraqi Kurdistan oil deals was protected by qualified privilege as a fair and accurate report of court proceedings.

• Qualified privilege
• Fair and accurate report
• Summary judgment
• Meaning in defamation
• Public interest defence
• Defamation

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Alsaifi v Trinity Mirror Plc & Board of Directors & Anor

The High Court ruled on meaning and summary judgment in a libel claim over articles about Tariq Alsaifi and a teaching ban.

• Libel
• Abuse of process
• Reporting privilege
• Honest opinion
• Serious harm
• Jameel abuse

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Karim v Newsquest Media Group Ltd

Karim v Newsquest Media Group Ltd [2009] EWHC 3205 (QB) (27 October 2009)

The High Court granted summary judgment for a newspaper publisher in a libel claim, holding that an article was privileged and user comments were protected after notice.

• Absolute privilege
• Fair and accurate report
• User comments liability
• Electronic commerce regulations
• Summary judgment
• Defamation act 1996

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Karim v Newsquest Media Group Ltd

The High Court struck out a libel claim, holding that an online article was absolutely privileged as a fair and accurate report of disciplinary proceedings and that user comments were protected by regulation 19.

• Absolute privilege
• Fair and accurate report
• User comments liability
• Electronic commerce regulations
• Summary judgment
• Strike out procedure

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Karim v Newsquest Media Group Ltd

Karim v Newsquest Media Group Ltd [2009] EWHC 3205 (QB) (27 October 2009)

The High Court granted summary judgment for Newsquest in a libel claim, holding that the article was an absolutely privileged and substantially accurate report of disciplinary proceedings, and that user comments were protected after prompt removal on notice.

• Absolute privilege
• Fair and accurate report
• User comments liability
• Electronic commerce regulations
• Summary judgment
• Defamation act 1996

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Curistan v Times Newspapers Ltd

The High Court held that a Sunday Times article imputed actual guilt of IRA money-laundering and financial malpractice, while certain parliamentary report passages were protected by qualified privilege.

• Libel
• Qualified privilege
• Repetition rule
• Fair and accurate report
• Parliamentary proceedings
• Defamation

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