Kim v Lee

Kim v Lee

The evidence strongly supports that the Defendant was domiciled in the UK at the relevant time, and even if not, England and Wales is at least arguably the most appropriate venue. The Claimant has a substantial reputation in the UK, suffered serious harm, and the claim raises live factual issues unsuitable for strike out. Prior failed criminal proceedings in Korea do not render the UK claim abusive. The application to strike out is refused.

Parties
Claimant/respondent: Sang Youl Kim; Defendant/applicant: Sungmo Lee
Jurisdiction
England and Wales
Judgment Date
11 August 2020
Procedural Posture
Defamation (libel) / Ruling on Strike Out Application
Outcome
Application to strike out refused
Legal Topics
Jurisdiction, Abuse of Process, Serious Harm, Domicile, Vindication, Strike Out Applications
Defamation Civil Procedure Jurisdiction Abuse of Process Serious Harm Domicile Vindication Strike Out Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sang Youl Kim

Claimant/respondent

Sungmo Lee

Defendant/applicant

Procedural Posture

Defamation (libel) / Ruling on Strike Out Application

Legal Issues

  1. 1 Whether the Defendant was domiciled in the UK at the time of claim issuance
  2. 2 Whether England and Wales is clearly the most appropriate venue under s 9 Defamation Act 2013
  3. 3 Whether the claim should be struck out for lack of reasonable grounds or as an abuse of process

Ratio Decidendi

The evidence strongly supports that the Defendant was domiciled in the UK at the relevant time, and even if not, England and Wales is at least arguably the most appropriate venue. The Claimant has a substantial reputation in the UK, suffered serious harm, and the claim raises live factual issues unsuitable for strike out. Prior failed criminal proceedings in Korea do not render the UK claim abusive. The application to strike out is refused.

Court Disposition

Application to strike out refused

Orders

  • Claim proceeds to trial
  • Parties to agree an order regarding admission of Korean criminal complaint evidence