COURT OF APPEAL UPHOLDS DECISION TO DISMISS LIBEL ACTION AGAINST CHARLOTTE LESLIE & CMEC

UPDATE: In June 2023, after a long-running legal battle in the High Court of Justice, Mr Justice Nicklin dismissed Mohamed Amersi's libel claim against CMEC and its Director Charlotte Leslie. At the Court of Appeal, two appeal judges, Lord Justice Underhill and Lord Justice Warby, refused Mr Amersi permission to appeal Mr Justice Nicklin's decision. Read more about the decision in The Law Society Gazette

Read the Court of Appeal Judgement in full HERE

Charlotte Leslie, CMEC's Director, commented:

“The Court of Appeal refused Mohamed Amersi permission to appeal the judgement of Mr. Justice Nicklin, who struck out the case in June. This is a very good result, and yet again, a vindication for free speech. And for me, a three-year nightmare is over.”

Read Mr Justice Nicklin's June Judgement in full HERE

Freedom of speech campaigners at the time hailed the result as a “landmark victory”, and it was immediately raised as a Point of Order on the floor of the House of Commons: 

Remote video URL

Mr Amersi had claimed that he had been defamed by a due diligence note, which looked at his past business links.

Mr. Justice Nicklin, the judge in charge of the Media and Communications Division in the High Court of Justice, King’s Bench Division, concluded that Mr Amersi had “failed to prove serious harm” was caused by the note, and therefore that he “should not be given a further opportunity to see whether he can plead a case of serious harm to [his] reputation…” as there is “no realistic prospect” that he can do so.

Mr. Justice Nicklin described one part of Mr Amersi's case as “hopeless and devoid of reality”.  He observed that elements of his witness statement "appear to have been an attempt by the Claimant to use the privilege attaching to reports of Court proceedings to facilitate an act of retaliation."

In his judgement, Mr. Justice Nicklin said, “Witness statements in litigation are not to be used for settling scores or advancing some wider agenda."

Mr. Justice Nicklin observed that "In contrast to the Claimant’s efforts, the Defendants have adopted a much more straightforward approach."

Following the result in June, Charlotte commented:

“This judgment speaks for itself. I am delighted to have this vindication after two years of legal action against me. It is a good day for freedom of speech.”