Huda v Wells & Ors [2017] EWHC 2553 (QB) (16 October 2017)

Huda v Wells & Ors [2017] EWHC 2553 (QB) (16 October 2017)

Permission to serve the claim form out of jurisdiction is set aside because the only potentially viable claim relates to publication of the Report to the GOC, which is protected by absolute privilege/immunity from suit. No real prospect of success exists for any claim, and England & Wales is not clearly the most appropriate forum. Claims relating to publications outside England & Wales cannot be included.

Citation
[2017] EWHC 2553 (QB)
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 / Application to Set Aside Permission to Serve Claim Form Out of Jurisdiction
Outcome
Permission to serve claim form out of jurisdiction set aside; claim dismissed as having no real prospect of success.
Legal Topics
Absolute Privilege, Qualified Privilege, Malice, Service Out of Jurisdiction, Regulatory Complaints, Quasi Judicial Bodies
Defamation Malicious Falsehood Jurisdiction Absolute Privilege Qualified Privilege Malice Service Out of Jurisdiction Regulatory Complaints +1 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 / 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 claims for publications outside England & Wales can be included
  3. 3 Whether communications 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 relates to publication of the Report to the GOC, which is protected by absolute privilege/immunity from suit. No real prospect of success exists for any claim, and England & Wales is not clearly the most appropriate forum. Claims relating to publications outside England & Wales cannot be included.

Court Disposition

Permission to serve claim form out of jurisdiction set aside; claim dismissed as having no real prospect of success.

Orders

  • Permission to serve claim form out of jurisdiction is set aside.
  • Claim dismissed as having no real prospect of success.