Injunction refused in harassment claim court describes as ‘a guise to avoid defamation rule’ (Khan (formerly JMO) v Khan (formerly KTA))

Table of contents

• What was the background?
• What did the court decide?
• Case details

Article summary

TMT analysis: In this judgment, the court refused to grant an interim injunction against the claimant’s brother on the basis it was not satisfied that the claimant was likely to succeed in a claim for breach of the Protection from Harassment Act 1997 (PHA 1997) which arose out of emails sent by the claimant’s brother which referred to spent convictions of the claimant and which he alleged were ‘abusive, threatening and defamatory’. The court ruled that the claim was, in fact, a defamation claim being advanced under the guise of a harassment claim in order to avoid the defamation rule.