Action for misuse of private information and libel. Application to have set aside leave to serve out of the jurisdiction. The defendant published a newspaper in Serbian, in print in Serbia and online. Though in Serbian, the claimant said that online translations to English could be created automatically. The parties disputed the number of hits from within the UK.
Held: The order giving permission to the Claimant to serve these proceedings on the Defendants out of the jurisdiction was be set aside.
Judges:
Sir Michael Tugendhat
Citations:
[2015] EWHC 3380 (QB), [2016] 1 WLR 1414, [2015] WLR(D) 494, [2016] EMLR 8
Links:
Bailii, WLRD
Statutes:
Defamation Act 2013 9
Jurisdiction:
England and Wales
Citing:
Applied – AK Investment CJSC v Kyrgyz Mobil Tel Ltd and Others PC 10-Mar-2011
Developing Law – Summary Procedures Very Limited
(Isle of Man) (‘Altimo’) The parties were all based in Kyrgyzstan, but the claimant sought a remedy in the Isle of Man which would be unavailable in Kyrgyzstan.
Held: Lord Collins said: ‘The general rule is that it is not normally appropriate . .
Cited – Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
Cited – Berezovsky v Forbes Inc and Michaels; Glouchkov v Same HL 16-May-2000
Plaintiffs who lived in Russia sought damages for defamation against an American magazine with a small distribution in England. Both plaintiffs had real connections with and reputations in England. A judgment in Russia would do nothing to repair the . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – MRG (Japan) Ltd v Engelhard Metals Japan Ltd ComC 18-Dec-2003
Application to set aside leave to serve out of jurisdiction.There must a ‘good arguable case’ to justify such service. . .
Cited – Congentra Ag v Sixteen Thirteen Marine Sa (‘the Nicholas M’) ComC 15-Jul-2008
Applications for dismissal of interim freezing order and for continuance. Order not set aside. The claim was for a freezing order to support a claim for recovery of damage to goods being transported. The court now considered an allegation that the . .
Cited – Adelson and Another v Anderson and Another QBD 7-Oct-2011
The defendants sought a strike out of this libel action, begun in response to an words published in September 2004, saying that they were an abuse, and that the claimant’s delay demonstrated that his real and only interest was not in vindication. . .
Cited – Shaw and Another v Logue Admn 13-Jan-2014
Appeals against orders striking the two appellant solicitors from the roll.
Held: Jay J said: ‘the duty requires a party to ‘. . disclose all facts which reasonably could or would be taken into account by the Judge in deciding whether to grant . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Cited – Ames and Another v The Spamhaus Project Ltd and Another QBD 27-Jan-2015
Warby J said: ‘ . . but as practitioners in this field are well aware, it is generally impractical for a claimant to seek out witnesses to say that they read the words complained of and thought the worse of the claimant’ . .
Cited – Lachaux v Independent Print Ltd QBD 30-Jul-2015
The claimant brought defamation claims as to articles making allegations said to imply that the claimant had mistreated his wife. The defendant contended that, while inferences might sometimes suffice, s.1 (1) nevertheless required a claimant to . .
Cited – Sloutsker v Romanova QBD 5-Mar-2015
The claimant sued for libel in respect of the publication in this jurisdiction of allegations of fabricating evidence, conspiracy to murder, and the bribery and corruption of the prosecutor and judges in criminal proceedings. The defendant now . .
Cited – El Diwany v Hansen and Another QBD 29-Jul-2011
Defendant’s application to set aside judgment in default – lack of service. . .
Cited – Modi and Another v Clarke CA 29-Jul-2011
The claimants, organisers of the Indian Premier cricket League, met with organisations in England seeking to establish a similar league in the Northern Hemisphere. A copy of a note came to the defendant, chairman of the England and Wales Cricket . .
Cited – Jeynes v News Magazines Ltd and Another CA 31-Jan-2008
Whether Statement defamatory at common law
The claimant appealed against a striking out of her claim for defamation on finding that the words did not have the defamatory meaning complained of, namely that she was transgendered or transsexual.
Held: The appeal failed.
Sir Anthony . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Defamation, Information
Updated: 13 September 2022; Ref: scu.555022
