Murtaza Ali Shah v Mohammad Imran & Ors
[2023] EWHC 120 (KB)
Shah Muhammad v Daily The News International & Ors
30 March 2023
[2023] EWHC 674 (KB)
High Court
A journalist sued for a news story but didn't follow the rules for suing, and the court said he was too late to sue. He also didn't properly name all the correct people involved in publishing the story and the court dismissed most of the lawsuit.
Key Facts
- •Shah Muhammad (Claimant), a Pakistani journalist and human rights activist, sued Daily The News International, Daily Jang, Geo TV, and Murtaza Ali Shah (Defendants) for libel.
- •The libel arose from news coverage of a protest outside the Pakistani High Commission and Qatari Embassy on May 23, 2021.
- •The claim was issued on July 27, 2022, but the statement of truth was dated May 19, 2022.
- •Defendants challenged the court's jurisdiction under CPR r 11 and the Claimant sought an extension of the limitation period under section 32A of the Limitation Act 1980.
- •The Claimant served all Defendants at the Second Defendant's business address.
- •The claim form was posted on October 11, 2022, with deemed service on October 13, 2022.
Legal Principles
A failure of service should be challenged under CPR r. 11.
Bank of Baroda v Nawany Marine Shipping FZE [2016] EWHC 3089 (Comm)
Section 10 of the Defamation Act 2013 governs jurisdiction in defamation actions against non-authors, editors, or publishers.
Defamation Act 2013
In jurisdictional challenges under CPR r 11, the claimant must demonstrate a good arguable case.
Brownlie v Four Seasons Holdings Inc [2017] UKSC 80; Goldman Sachs International v Novo Banco SA [2018] UKSC 34
Section 1 of the Defamation Act 1996 defines 'author,' 'editor,' and 'publisher.'
Defamation Act 1996
CPR r 6.9 outlines rules for service of claim forms.
CPR
CPR r 7.2(2) and Practice Direction 6.1 clarifies the date of issue for claim forms.
CPR and Practice Direction 6.1
Section 32A of the Limitation Act 1980 allows for discretionary extension of limitation periods in defamation actions.
Limitation Act 1980
In libel claims, swift action is expected due to the ephemeral nature of publications.
Bewry v Reed Elsevier UK Ltd [2015] 1 WLR 2565
Outcomes
Jurisdiction challenged successfully against Second and Third Defendants for all publications except the Urdu version of Daily Jang London.
The court found the Second and Third Defendants were not authors, editors, or publishers of most publications according to the Defamation Act 1996.
Jurisdiction not established against the Fourth Defendant due to ineffective service.
The Claimant failed to take reasonable steps to serve the Fourth Defendant under CPR r 6.9.
Claim issued outside the one-year limitation period.
The court determined the claim was issued on July 27, 2022, after the one-year period from the publication date.
Claimant's application to extend the limitation period dismissed.
The court found the Claimant's reasons for delay (wedding, COVID-19, birth of child) insufficient to justify the delay, prioritizing family over pursuing the claim promptly.