LONDON: The London High Court has sharply rebuked British-Pakistani boxer Amir Khan and his wife Faryal Makhdoom for their “misconceived and opportunistic” attempt to strike out the defence filed by Faryaal Hussain, a female rights advocate, in the ongoing defamation claim brought by the celebrity couple.
In an order handed down by Master Davison, the court refused the Khans’ second strike-out application, marking the second time the couple has failed to remove Hussain’s defence before trial. The Khans are suing Hussain for £100,000 — alleging reputational and financial damage over statements she made on the Blue Tick Podcast and in an online petition in relation to the couple.
Master Davison criticised the Claimants’ approach in direct terms, finding that the renewed strike-out bid had “delayed the progress of the case by some 6 months” and had “run up unnecessary costs.”
He made clear that any shortcomings in the pleading could easily have been handled through correspondence or a Part 18 Request, noting that this would have been the appropriate course particularly because Mrs Hussain was acting as a litigant in person.
In the most striking passage of the ruling, the Master wrote: “I suspect that part of the Claimants’ motivation in making their strike-out application was to avoid scrutiny/further scrutiny of the truth or falsity of these matters. Self-evidently, that is not a sound basis for such an order.”
Although the Master struck out the honest opinion defence of Hussain, he held that Hussain’s remaining defences, truth and public interest, were “reasonably arguable” and must now proceed to a full trial.
The court noted that Hussain had already provided extensive material across her defence and amended defence, and that striking out her position entirely would have been a disproportionate response.
Given that the claim relates to the underlying matter of sexual misconduct, the judge has directed that the female witnesses must not be identified or their names published.
The case will now move forward publicly and is expected to draw significant media attention as the entire foundation of the defamation claim rests on two publications setting out allegations of intimidation, blackmail, and sexual misconduct — the very matters the Master indicated will inevitably require judicial scrutiny.
The proceedings are set to throw light on the private conduct, marital dynamics, and dealings with multiple women attributed to the couple squarely under the spotlight matters that the Court has now confirmed cannot be swept aside without full scrutiny.
These broadcasts by Hussain were published in July 2023 and September 2023.
The Khans are represented by lawyer Ahmed Jawad’s Central Chambers Law. Hussain is representing herself. Both Amir Khan and Faryal Hussain didn’t respond to questions. Jawad said he had no comment to make.
