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Permission to serve out on libel claim set aside (Parish v Wikimedia Foundation, Inc)

Published on: 16 October 2024
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Article summary

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...

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