His Highness Prince Moulay Hicham Ben Abdullah Al Alaoui of Morocco brought a defamation claim against Elaph Publishing Limited for an article published on the company’s news website in October 2014. The parties appealed, and cross-appealed, a decision in the High Court on an application for strike out/summary judgment, and an application to amend the claim.
The Court of Appeal considered two questions:
(1) Whether the amended meaning of the words complained of were capable of being defamatory; and,
(2) Whether it is permissible to introduce a claim for breach of the Data Protection Act 1998, as an alternative where a Defamation claim is likely to fail.
The cases mentioned, or made reference to, in this podcast are:
Modi v Clarke  EWCA Civ 937
Lingens v Austria (1986) 8 EHRR 407
Curran v Scottish Daily Record and Sunday Mail Ltd (2011) CSIH 86
Gillick v Brook Advisory Centres  EWCA Civ 1263
Jeynes v News Magazines Ltd and anor  EWCA Civ 130.
Law Society v Kordowski  EWHC 3185 (QB)