Tariq Alsaifi v Trinity Mirror Plc and Board of Directors and Another
| Jurisdiction | England & Wales |
| Judge | Mr Justice Warby |
| Judgment Date | 27 June 2017 |
| Neutral Citation | [2017] EWHC 1444 (QB) |
| Docket Number | Case No: HQ17M00903 |
| Court | Queen's Bench Division |
| Date | 27 June 2017 |
[2017] EWHC 1444 (QB)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
MEDIA AND COMMUNICATIONS LIST
Royal Courts of Justice
Strand, London, WC2A 2LL
Mr Justice Warby
Case No: HQ17M00903
The Claimant appeared in person
John Stables (instructed by Foot Anstey LLP) for the First Defendant
Kate Wilson (instructed by Ward Hadaway Solicitors) for the Second Defendant
Hearing date: 13 June 2017
Judgment Approved
Introduction
This is the judgment of the Court on two interim applications in this action for libel. The main issues raised by the applications concern (1) the meanings which the words complained of are capable of bearing and (2) the extent to which, if at all, the claims advanced by the claimant, Mr Alsaifi, have any real prospect of success having regard to that issue, and the reporting privileges provided for in s 15 of and the Schedule to the Defamation Act 1996, paragraphs 9 and 11.
The hearing in this case followed shortly after the hearing of applications in Alsaifi v Amunwa [2017] EWHC 1443 (QB) which raised issues bearing some similarity to those that arise now. It will be convenient to make some reference to my reserved judgment in that case ("the Amunwa Judgment"). However, this judgment has been prepared separately, in relation to the separate issues in this case, and in a form which is designed to be understandable independently of and without reference to the Amunwa Judgment. That inevitably means there will be some repetition of matters dealt with in that judgment.
The claims
Mr Alsaifi sues in respect of an article published on and after 15 March 2016 in the online newspaper chroniclelive.co.uk ("Chroniclelive"), under the headline " Newcastle College Teacher banned from profession after making 'sexual' advances on a pupil." This is, it seems, the online version of the North Eastern paper, the Evening Chronicle. This article is the only publication that has so far been made the subject of any claim. But it was one of two articles published on Chroniclelive that feature in the case. For that reason it is convenient to refer to it as "The First Article".
The First Article arose from and related to a decision, reasons and recommendation promulgated by the National College for Teaching and Leadership ("NCTL"), and a Prohibition Order made against Mr Alsaifi by the Secretary of State for Education in February 2016.
The action is brought against two defendants or groups of defendants: (1) Trinity Mirror plc and its Board of Directors (collectively, "Trinity Mirror"); and (2) Newcastle College Group and its Board of Governors (collectively, "Newcastle College").
Trinity Mirror is sued for the whole of the First Article on the basis that it was the publisher of Chroniclelive, and responsible in law for the whole publication. Its case, and its evidence, are that it is not the publisher; the newspaper is published by a different company, by the name of NCJ Media Limited. But no reliance is placed on that point for present purposes, and I put it to one side. Nor am I concerned today with any question as to the liability of the Directors.
Newcastle College is sued in respect of certain words in three paragraphs at the end of the First Article which purport to quote its principal, Tony Lewin. Newcastle College is sued on the basis that Mr Lewin did say the things attributed to him and that it, including each of its Governors, is vicariously responsible for the publication of those statements in the First Article. I am not concerned today with adjudicating on those issues, which might perhaps be disputed.
I shall have to identify in more detail later in this judgment the meanings of which Mr Alsaifi complains, but the overall flavour of his complaint will be understood if I indicate that the meanings complained of range from "that the Claimant is a paedophile, sexual predator, risk to children" to "invited a child to lunch", and that he complains that he was demonised.
Neither Trinity Mirror nor Newcastle College has yet served a Defence to the claim. But the nature and merits of the defences which Trinity Mirror would run if there were a trial are a key component of the first of the two applications that are now before the court.
The applications
The first application was filed by Trinity Mirror on 2 May 2017. It seeks final judgment against the claimant on the whole of his claim against Trinity Mirror. Certain bases on which that relief was originally sought have not been pursued at this hearing. The application has in the event been put primarily on the basis that the claimant has no realistic prospect of rebutting a defence of statutory reporting privilege under the 1996 Act, which would be bound to succeed. It is said that the majority of the First Article consisted of a fair and accurate report of a notice issued for the information of the public, recording the decision and reasons of a professional conduct panel of the National College for Teaching and Leadership ("NCTL"). In respect of the remainder of the article, reliance is placed on a contention that the defence of honest opinion would be bound to succeed in respect of some of it, and on the doctrine of Jameel abuse ( Jameel v Dow Jones [2005] 1 QB 946, CA). For convenience, however, I shall call this "the Summary Judgment Application".
The second application notice was filed by Mr Alsaifi on 3 May 2017. This application, which I shall call "the Meaning Application" seeks a ruling on meaning pursuant to PD53, that the words complained of are capable of bearing the meanings complained of by Mr Alsaifi, or other meanings defamatory of him. This application relates to the claims against Trinity Mirror and Newcastle College.
Mr John Stables has appeared for the First Defendant, as applicant in respect of the Summary Judgment Application. Mr Alsaifi represents himself as respondent to the Summary Judgment Application and applicant in respect of the Meaning Application. Mr Stables and, for the Second Defendant, Ms Kate Wilson, appear for the respondents to the Meaning Application.
As a litigant in person Mr Alsaifi has pointed out that he lacks legal qualification and that English is not his first language. He has colourfully likened himself to someone who is disabled, and entitled to reasonable adjustments. It is fair to say that he has shown considerable skill and attention to detail in preparing and presenting his case. He does however clearly find it hard to focus effectively on the essential issues in the case, and to confine his evidence and argument accordingly. I have taken his evident difficulties into account as I am accustomed to do when an unrepresented party is before me, and bound to do under CPR 3.1A(2) and (4).
The facts
Mr Alsaifi worked as a lecturer at Newcastle College for several periods in and between 2002 and 2013. He first worked there in 2002, then left to undertake teaching work in other organisations. In February 2008, he took up a Sixth Form teacher role at the College as a teacher of mathematics and IT. He then left to complete a Master's qualification, rejoining the College on 5 August 2013.
The NCTL proceedings
The NCTL is an executive agency of the Department for Education. The regime under which it acted in the present case is to be found in the Education Act 2011 and The Teachers' Disciplinary (England) Regulations 2012 ("the 2012 Regulations") as amended by The Teachers' Disciplinary (Amendment) (England) Regulations 2014, which provide the statutory basis and procedures of, and appeal from, a professional conduct panel. The NCTL operates under the 2012 Regulations on behalf of the Secretary of State.
Allegations of misconduct against Mr Alsaifi were examined by the NCTL at a hearing over four days in February 2016 before a three-member panel. The panel was chaired by a teacher panellist, sitting with one other teacher panellist and a lay panellist. The panel was assisted by a legal adviser from Eversheds LLP. Reg.11 of the 2012 Regulations requires that hearings normally be held in public. The hearing in Mr Alsaifi's case was in public, the panel having ruled against submissions advanced by Mr Alsaifi that it should be held in private.
On or about 29 February 2016 the NCTL's decision and reasons were promulgated, in a document entitled "Mr Tariq Alsaifi: Professional conduct panel outcome. Panel decision and reasons on behalf of the Secretary of State for Education" ("the Decision Notice"). The Decision Notice also included a decision made on behalf of the Secretary of State to make a Prohibition Notice. The nature of the defences relied on by Trinity Mirror makes it necessary to set out some passages in the Decision Notice word for word.
The Decision Notice
Having outlined the general nature of the proceedings, the Decision Notice set out the allegations under investigation as follows:
"B. Allegations
The panel considered the allegations set out in the Notice of Proceedings dated 16 December 2015.
It was alleged that Mr Alsaifi was guilty of unacceptable professional conduct in that:
1. Whilst employed at Newcastle College, he failed to maintain professional boundaries toward Pupil A in that he:
a. Made comments as to the way she looked;
b. Sent her one or more emails from his personal email address;
c. Sent her one or more emails containing 'kisses';
d. Gave his personal telephone number to her;
e. Sent her several follow-up emails in an attempt to encourage a response;
f. Invited Pupil A to lunch;
g. Put his arm around the back of her chair;
h. Made inappropriate physical contact with her by touching her hand;
i. Asked Pupil B whether Pupil C was the...
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