Cases

Jameel (Yousef) v Dow Jones & Co. Inc.

Held

Allowing the appeal in part and staying the proceedings:

(1) The presumption of damage was in practice irrebuttable but not incompatible with Article 10: the English law has been well served by a principle under which liability turns on the objective question of whether the publication is one which tends to injure the claimant's reputation;

(2) The Claimant had a reasonable prospect of proving that the name 'Yousif Jameel' on the Golden Chain list did, in the context of the article, and applying an objective test, identify him;

(3) On the basis that the evidence as to the number of 'hits' here was correct, the claim would be stayed as an abuse of process, in the sense that since the damage caused was minimal, so would any vindication be minimal, and the costs of obtaining it disproportionate.

Also