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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Kadir & Anor v Channel S Television Ltd [2014] EWHC 2305 (QB) (15 July 2014) URL: https://www.bailii.org/ew/cases/EWHC/QB/2014/2305.html Cite as: [2014] EWHC 2305 (QB) |
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![]() ![]() ![]() ![]() ![]() ![]() ![]() | ||
QUEEN'S
BENCH DIVISION
![]() ![]() |
||
B e f o r e :
____________________
Hafiz Abdul ![]() Barakah ![]() |
Claimants |
|
- and - |
||
Channel ![]() ![]() |
Defendant |
____________________
Silverstone
(instructed by Hafiz and Haque
Solicitors)
for the Claimants
Max Cole (instructed by Freeman Harris) for the Defendant
Hearing dates: 2nd & 3rd July 2014
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
Mr Justice Nicol:
"Headline: Money transfer agency in East London faces accusations of fraud. Customers gather in front of closed office.
Presenter: …A money transfer agency in East London faces an accusation of fraud. On Tuesday a large number of people gathered in front of Barakh Money Transfer Agency accusing it of fraud. The director of the money transfer agency, Molana AbdulKadir
is nowhere to be found. We could not get him on the telephone but it has been
said
on his behalf that he has also been robbed and that is why this
situation
has arisen….
Reporter: Thisstair
way and the ground floor of this
store,
this congested area is Barakh Money Transfer. Thousands of customers come to this agency in Whitechapel to
send
money back to Bangladesh, because of their high rate. Many have received their money but recently
some
people have had a different experience.
First Interviewee: When I came here I found them closed. I could not find anyone.
Second
Interviewee: I
saw
one brother from Dhaka crying. He has
sent
400,000 Bangladeshi Taka which was
supposed
to be delivered today but today he has found out that police have closed down the agency.
Third interviewee: I havesent
166,550 Taka but it has not gone through.
Fourth interviewee: I havesent
300,000 Bangladeshi Taka to my cousin through Govindo Ganj Bank which he has not received.
Reporter: In the morning they operated normally but later when people began to gather asking for an explanation for why their money has not gone through, then the police came and arrested two members ofstaff.
According to the police this agency is a
victim
of robbery. Later the police came to know about the complaints of customers.
Some
of the
students'
hard earned money has also not been
sent.
Fifth interviewee: Isent
money on the 5th of this month. I am a
student
and I have the receipt as well. When I call them they don't pick up the phone.
Second
interviewee: I
sent
the money the day before yesterday. It was urgent and it has not gone through yet.
Third interviewee: I have lost £404.
Reporter: We asked people why they come to this agency rather than going to the bigger agencies.
First interviewee: We don't know which agency is good and which is not. We come here for the high rate.
……
Reporter: Customers have called with complaints not only from London but also in one case from Oldham. No one knows what is happening with the agency. It is hard to believesomeone
would flee having advertised in newspapers using his own picture. But confusion arises as to why he is not to be found. Obtaining an FSA certificate is not
sufficient.
It is also
vital
to be
sure
about the quality of the agency and the people of the agency or else this incident of fraud will repeat itself again and again."
- Individuals working for the 2nd Claimant were reasonablysuspected
of having defrauded a large number of its customers of
substantial
![]()
sums
of money.
- The 2nd Claimant could not be trusted to transfer its customers' money to its intended recipients.
- The 1st Claimant had dealt with thevery
![]()
serious
![]()
suspicions
against the 2nd Claimant'
s
employees and the failures to transfer its customers' money in a highly evasive and incompetent manner.
I reject Mr Cole's
![]()
submission
that the broadcast meant no more than that there were grounds to investigate the involvement of the 2nd Claimant'
s
employees in fraud. The final words of the reporter, in particular went beyond that. I also reject Mr Cole'
s
contention that the words did not impugn the professional competence or integrity of the 1st Claimant or that, in his case, as well, the report
said
only that there were grounds to investigate.