Al Sadik (aka Riad Tawfiq Mahmood Al Sadek aka Riad Tawfik Sadik) v Sadik

Al Sadik (aka Riad Tawfiq Mahmood Al Sadek aka Riad Tawfik Sadik) v Sadik

The defendant failed to show the claimant had no realistic prospect of establishing her domicile in the UK at the relevant time, failed to show the claimant had no realistic prospect of proving serious harm to reputation from the publication, and failed to show the claim was abusive under Jameel principles; therefore, the applications to strike out and/or for summary judgment were dismissed.

Parties
Claimant/respondent: Riad Tawfiq Al Sadik; Defendant/applicant: Suhad Subhi Sadik
Jurisdiction
England and Wales
Judgment Date
16 October 2019
Procedural Posture
Defamation (libel) / Application to Strike Out And/or Summary Judgment
Outcome
Defendant's applications dismissed.
Legal Topics
Jurisdiction, Serious Harm Threshold, Abuse of Process, Summary Judgment, Domicile, Libel Tourism
Defamation Civil Procedure Jurisdiction Serious Harm Threshold Abuse of Process Summary Judgment Domicile Libel Tourism

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Parties

Riad Tawfiq Al Sadik

Claimant/respondent

Suhad Subhi Sadik

Defendant/applicant

Procedural Posture

Defamation (libel) / Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction under s 9 Defamation Act 2013 due to domicile
  2. 2 Whether the publication caused or was likely to cause serious harm under s 1 Defamation Act 2013
  3. 3 Whether the claim constitutes an abuse of process under Jameel principles

Ratio Decidendi

The defendant failed to show the claimant had no realistic prospect of establishing her domicile in the UK at the relevant time, failed to show the claimant had no realistic prospect of proving serious harm to reputation from the publication, and failed to show the claim was abusive under Jameel principles; therefore, the applications to strike out and/or for summary judgment were dismissed.

Court Disposition

Defendant's applications dismissed.

Orders

  • Application to strike out dismissed.
  • Application for summary judgment dismissed.