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Ahmed and Kit have been married for 7 years and during that time have also set up a very successful high-end jewellery business together. Much
- Ahmed and Kit have been married for 7 years and during that time have also set up a very successful high-end jewellery business together. Much of the jewellery they sell is sourced from overseas suppliers, especially in Asia. Ahmed and Kit's marriage has recently run into trouble after Ahmed discovered that Kit has been having an affair with Chris, who he met on a business trip. Chris was also married at the time. Ahmed is now seeking a divorce from Kit and their joint jewellery business has been dissolved. Kit and Chris have now launched another similar business together, 'Sparkly Things'. Ahmed is devastated by the loss of his husband and his business. He confides in his friend, Mariam, that he does not think that anyone should ever trust Kit and Chris as they are lying adulterers'. He says he would never place an order with 'Sparkly Things'. Mariam cancels a large order that she has just placed with 'Sparkly Things'.
- Ahmed also posts messages on his personal social media site saying that Kit and Chris are wicked adulterers' with whom he would not do business. Several customers subsequently cancel their orders. A couple of months later Ahmed decides to set up another business, 'Luxury Trinkets', in direct competition with 'Sparkly Things. As a part of his advertising on social media, where he has a following of 324,000, Ahmed says that all his jewellery is ethically sourced, unlike the jewellery sold by 'Sparkly Things', which often relies on materials mined from environmentally suspect sources and uses 'slave labour' to produce and distribute the goods. This is untrue and results in the cancellation of a lucrative order that has just been placed with 'Sparkly Things'. You are required to advise:
- 1. Whether Kit and Chris have any claims of defamation against Ahmed
- 2. Any potential defences that may be available to Ahmed
- 3. Advise Kit and Chris of any remedies that they may have.
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