Amoudi v Brisard & Anor [2006] EWHC 1062 (QB) (12 May 2006)

Amoudi v Brisard & Anor [2006] EWHC 1062 (QB) (12 May 2006)

There is no rebuttable presumption of law that publication on an openly accessible Internet website amounts to substantial publication within the jurisdiction; the claimant must prove publication, either by direct evidence or by inference from the facts. The issue of publication is a question of fact for the jury and cannot be presumed as a matter of law.

Citation
[2006] EWHC 1062
Parties
Claimant: Mohammed Hussein Al Amoudi; First Defendant: Jean Charles Brisard; Second Defendant: JCB Consulting International SARL
Jurisdiction
England and Wales
Judgment Date
12 May 2006
Procedural Posture
Defamation / Interlocutory Application for Summary Judgment/strike Out
Outcome
Application dismissed
Legal Topics
Internet Publication, Proof of Publication, Presumption of Publication, Abuse of Process, Jurisdiction in Defamation, Summary Judgment
Defamation Media Law Internet Law Internet Publication Proof of Publication Presumption of Publication Abuse of Process Jurisdiction in Defamation +1 more

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Parties

Mohammed Hussein Al Amoudi

Claimant

Jean Charles Brisard

First Defendant

JCB Consulting International SARL

Second Defendant

Procedural Posture

Defamation / Interlocutory Application for Summary Judgment/strike Out

Legal Issues

  1. 1 Whether a claimant in an Internet defamation case can rely on a rebuttable presumption of substantial publication within the jurisdiction
  2. 2 Whether the Defence denying publication should be struck out or summary judgment entered for the Claimant

Ratio Decidendi

There is no rebuttable presumption of law that publication on an openly accessible Internet website amounts to substantial publication within the jurisdiction; the claimant must prove publication, either by direct evidence or by inference from the facts. The issue of publication is a question of fact for the jury and cannot be presumed as a matter of law.

Court Disposition

Application dismissed

Orders

  • Application to strike out Defence passages denying publication refused
  • Application for summary judgment on publication refused