Huda v Wells & Ors

Huda v Wells & Ors

Permission to serve the claim form out of jurisdiction is set aside because the only potentially viable claim concerns publication to the GOC, which is protected by absolute privilege/immunity from suit; no real prospect of success exists for any pleaded or potential claim; Jersey is the proper forum.

Parties
Claimant: Badrul Huda; First Defendant: Lorraine Wells; Second Defendant: Mary Campfield; Third Defendant: Gavin Hendricks; Fourth Defendant: Susan Turnbull; Fifth Defendant: States of Jersey
Jurisdiction
England and Wales
Judgment Date
16 October 2017
Procedural Posture
Libel and Malicious Falsehood Action / Application to Set Aside Permission to Serve Claim Form Out of Jurisdiction
Outcome
Claim dismissed; permission to serve claim form out of jurisdiction set aside.
Legal Topics
Absolute Privilege, Qualified Privilege, Forum Non Conveniens, Service Out of Jurisdiction, Malice, Regulatory Complaints
Defamation Malicious Falsehood Civil Procedure Jurisdiction Absolute Privilege Qualified Privilege Forum Non Conveniens Service Out of Jurisdiction +2 more

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Parties

Badrul Huda

Claimant

Lorraine Wells

First Defendant

Mary Campfield

Second Defendant

Gavin Hendricks

Third Defendant

Susan Turnbull

Fourth Defendant

States of Jersey

Fifth Defendant

Procedural Posture

Libel and Malicious Falsehood Action / Application to Set Aside Permission to Serve Claim Form Out of Jurisdiction

Legal Issues

  1. 1 Whether permission to serve claim form out of jurisdiction should be set aside
  2. 2 Whether any viable cause of action exists for publication in England & Wales
  3. 3 Whether complaints to the General Osteopathic Council are protected by absolute or qualified privilege

Ratio Decidendi

Permission to serve the claim form out of jurisdiction is set aside because the only potentially viable claim concerns publication to the GOC, which is protected by absolute privilege/immunity from suit; no real prospect of success exists for any pleaded or potential claim; Jersey is the proper forum.

Court Disposition

Claim dismissed; permission to serve claim form out of jurisdiction set aside.

Orders

  • Order granting permission to serve claim form in Jersey set aside.
  • Claim dismissed against all Defendants.