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.

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