Titan Wealth Holdings Limited & Ors v Marian Okunola (Trial)
[2024] EWHC 2718 (KB)
Hamza Ijaz v Ghafoor Manan
17 October 2023
[2023] EWHC 2574 (KB)
High Court
An employee and his boss had a big falling out. The employee won money because his boss broke their contract, but lost claims that his boss's accusations damaged his reputation and were harassment. The boss also lost claims against the employee.
Key Facts
- •Claimant (Hamza Ijaz) worked for Defendant (Ghafoor Manan) at his dental practice from 2012 to May 2018.
- •Relationship soured, leading to Claimant's resignation after accusations of fraud and dishonesty.
- •Claimant brought claims for breach of contract, defamation, and harassment.
- •Contract authenticity disputed; Claimant alleged a 5-year written agreement, Defendant claimed forgery.
- •Defendant counterclaimed for alleged fraud by Claimant (overpayment, false claims, withheld funds).
- •Defamation claim based on communications to GDC, HMRC, and a former employer.
- •Harassment claim based on defamatory communications and other conduct by Defendant.
- •Evidence quality was considered indifferent, with disclosure issues and incomplete witness statements on both sides.
Legal Principles
A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.
Defamation Act 2013, section 1(1)
Harassment involves a persistent and deliberate course of unacceptable and oppressive conduct, targeted at another person, which is calculated to and does cause that person alarm, fear, or distress.
Protection from Harassment Act 1997, section 1(1); Hayden v Dickson [2020] EWHC 3291 (QB)
The court must consider whether conduct crosses the boundary from the unattractive, even unreasonable, to oppressive and unacceptable, paying due regard to freedom of expression.
Human Rights Act 1998; Hayden v Dickson [2020] EWHC 3291 (QB)
Outcomes
Claim for breach of contract allowed.
The court found the 5-year contract genuine and that the Defendant failed to prove any breach of contract or fraud by the Claimant.
Defamation claims dismissed.
Claimant failed to provide evidence of serious harm to reputation caused by the Defendant's communications.
Harassment claim dismissed.
The court found the Defendant's conduct, while unpleasant and unreasonable, did not cross the threshold of oppressive and unacceptable conduct required for harassment.
Counterclaim dismissed.
Defendant failed to prove the Claimant's alleged overpayment, false claims, or withheld funds.