Ahuja v Politika and Others [2015] EWHC 3380 (QB)

24.11.15 | |

On 23 November Sir Michael Tugendhat handed down judgment in the first case to consider the provisions of section 9 of the Defamation Act 2013. Sir Michael set aside an order permitting service of proceedings in defamation and misuse of private information on Politika, a Serbian newspaper based in Belgrade. He did so because he was not satisfied that of all the places in which the allegedly defamatory statements had been published England and Wales was the most appropriate in which to try such an action; because in relation to the misuse of private information claim Serbia was the most appropriate forum; and because of material non-disclosure on the part of the Claimant.

 

The Judge held that the effect of section 9 of the 2013 Act is that the court is required to consider all the jurisdictions where the defamatory statement has been published in order to determine whether the domestic jurisdiction is clearly the most appropriate place in which to bring the action. Those with a global reputation will therefore be required to lead more extensive evidence than might others in satisfying section 9. On the other hand those with a global reputation will generally have at their disposal greater resources, so that potential injustice may be avoided.

 

A copy of the judgment can be found here. Jonathan Price acted for the Defendants.

« Back to listing

About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)