TMT analysis: The defendant succeeded in its application to set aside an order granting permission to the claimant to serve his claim for libel on the defendant out of the jurisdiction. The court held that the original order should be set aside on three grounds: (1) the claimant had not established that England and Wales was clearly the most appropriate place in which to bring an action; (2) the claimant had committed egregious breaches of the duty of full and frank disclosure; and (3) the claimant has no real prospect of defeating a limitation defence. While the order already fell to be set aside on the first two grounds, the court went on to address the merits of the claim, in particular whether it was time-barred by virtue of the ‘single publication rule’ introduced by section 8 of the Defamation Act 2013 (DA 2013). The judge held that the Wikipedia page sued upon was substantially the same as...
To continue reading this news article, as well as thousands of others like it, sign in with ÀÏ˾»úÎçÒ¹¸£Àû or register for a free trial
EXISTING USER? SIGN IN CONTINUE READING GET A QUOTE
To read the full news article, register for a free Lexis+ trial
**Trials are provided to all ÀÏ˾»úÎçÒ¹¸£Àû content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ÀÏ˾»úÎçÒ¹¸£Àû services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
* denotes a required field
Particulars of claim (defamation)Claim No.: HQ [insert number]IN THE HIGH COURT OF JUSTICEKING’S BENCH DIVISIONROYAL COURTS OF JUSTICEMEDIA AND COMMUNICATIONS LISTParties:(1)[Insert full name of first claimant](2)[[Insert full name of second claimant]]        [Claimant OR Claimants]and[Insert full
¶Ù±ð´Ú²¹³¾²¹³Ù¾±´Ç²Ô—d±ð´Ú±ð²Ô³¦±ð²õDefencesThere are a number of substantive defences to a defamation claim, the majority of which are now, since the Defamation Act 2013 (DA 2013), statutory. Any number of defences may be relied upon together in answer to a claim.TruthThere is a presumption that defamatory words
DefamationThe tort of defamation is governed by a mixture of statute and common law. The relevant statutory law is contained in:•the Defamation Act 1952 (DA 1952)•the Defamation Act 1996 (DeA 1996)•the Defamation Act 2013 (DA 2013)There is no statutory definition of what is defamatory. The
Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of
0330 161 1234