Maharaj v Eastern Media Group Ltd and Another
| Jurisdiction | England & Wales |
| Judge | Lady Justice Smith |
| Judgment Date | 22 October 2010 |
| Neutral Citation | [2010] EWCA Civ 1263 |
| Date | 22 October 2010 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case No: A2/2010/1364 |
[2010] EWCA Civ 1263
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM QUEEN'S BENCH DIVISION
(Mr Justice Eady)
Before: Lady Justice Smith
Case No: A2/2010/1364
Mr Alan Newman QC (instructed by Ford & Warren Solicitors) appeared on behalf of the Appellant.
Mr Mark Hill QC (instructed by Sahota Solicitors) appeared on behalf of the Respondent.
Lady Justice Smith:
As I have indicated, I am minded to grant permission for this appeal to proceed on the limited basis as is now set out in the draft order.
I do so because it appears to me to be arguable that there are in this libel action issues which do not necessarily depend upon a determination of religious doctrine or religious procedure. Mr Alan Newman QC for the appellant has accepted that the judge's judgment was right in respect of some issues. But he submits that there are remaining issues which do not depend upon religious doctrine or practice; they are pure issues of fact which can properly be determined and they are important to the claimant. It seems to me that he is arguably right in that submission and that it may be appropriate for the action to proceed to trial on those issues.
Whether that is so is a matter for the full court to decide. There will be a court of three, of which one member may be a High Court judge and there must be some expertise in the field of defamation.
Order: Application granted
To continue reading
Request your trial
-
Frank Kofi Otuo v The Watch Tower Bible and Tract Society of Britain
... ... COURT OF JUSTICE QUEEN'S BENCH DIVISION MEDIA AND COMMUNICATIONS LIST Royal Courts of Justice ... [2003] EWHC 1960 (QB) (Gray J), Baba Jeet Singh v Eastern Media [2010] EWHC 1294 (QB) (Eady J), and Shergill v ... 10 Another two and a half years passed before the Justiciability Issue ... ...
-
Shergill v Purewal and Another
...of fact could be tried, although she noted that counsel had conceded that the judge had been right in respect of some issues (see [2010] EWCA Civ 1263). At a later application in that case, following after the decision of Sir Charles in the present litigation, it was recorded by Sedley LJ ......