First outing for section 9 of the Defamation Act 2013

06.11.15 | |

On Thursday 5 and Friday 6 November 2015 Sir Michael Tugendhat heard an application by the Serbian newspaper Politika to set aside service upon it of proceedings in defamation and misuse of private information. Those proceedings have been brought by a man of dual Indian and Serbian nationality with a home in London. His complaint relates to internet publication of two articles in the Serbian language available worldwide including in London. This is the first time that a court has been required to consider section 9 of the Defamation Act 2013. Section 9 requires the court, before accepting jurisdiction in a defamation case against a defendant domiciled outside the EU, to satisfy itself that of all the places in which the statement complained of has been published, England and Wales is clearly the most appropriate in which to bring the claim.

 

Jonathan Price is acting for the Serbian newspaper Politika.

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