Soriano v Forensic News LLC & Ors

Soriano v Forensic News LLC & Ors

The claimant succeeded in establishing that the English court is clearly the most appropriate forum for the libel and misuse of private information (photographs) claims against the First to Fifth Defendants, as his reputation is centred in England and Wales and the defendants failed to show that a US court would provide an adequate remedy for harm suffered here. The other claims (data protection, malicious falsehood, harassment, and broader privacy) lacked a real prospect of success or sufficient particularisation. The application to serve out fails as against the Sixth Defendant due to improper service.

Parties
Claimant: Walter Tzvi Soriano; First Defendant: Forensic News LLC; Second Defendant: Scott Stedman; Third Defendant: Eric Levai; Fourth Defendant: Jess Coleman; Fifth Defendant: Robert Denault; Sixth Defendant: Richard Silverstein
Jurisdiction
England and Wales
Judgment Date
15 January 2021
Procedural Posture
Application to Serve Claim Out of Jurisdiction / Ruling on Contested Application to Serve Out
Outcome
Application to serve out granted in part; refused in part
Legal Topics
Jurisdiction, Forum Conveniens, Libel, Malicious Falsehood, Harassment, Misuse of Private Information, GDPR, Service Out of Jurisdiction
Civil Procedure Defamation Data Protection Privacy Jurisdiction Forum Conveniens Libel Malicious Falsehood +4 more

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Parties

Walter Tzvi Soriano

Claimant

Forensic News LLC

First Defendant

Scott Stedman

Second Defendant

Eric Levai

Third Defendant

Jess Coleman

Fourth Defendant

Robert Denault

Fifth Defendant

Richard Silverstein

Sixth Defendant

Procedural Posture

Application to Serve Claim Out of Jurisdiction / Ruling on Contested Application to Serve Out

Legal Issues

  1. 1 Whether the English court has jurisdiction to hear claims against US-domiciled defendants for publications accessible in England and Wales
  2. 2 Whether the claims in data protection, malicious falsehood, harassment, misuse of private information, and libel have a real prospect of success
  3. 3 Whether England and Wales is clearly the most appropriate forum under s.9 Defamation Act 2013

Ratio Decidendi

The claimant succeeded in establishing that the English court is clearly the most appropriate forum for the libel and misuse of private information (photographs) claims against the First to Fifth Defendants, as his reputation is centred in England and Wales and the defendants failed to show that a US court would provide an adequate remedy for harm suffered here. The other claims (data protection, malicious falsehood, harassment, and broader privacy) lacked a real prospect of success or sufficient particularisation. The application to serve out fails as against the Sixth Defendant due to improper service.

Court Disposition

Application to serve out granted in part; refused in part

Orders

  • Claimant permitted to serve proceedings out of the jurisdiction on the First to Fifth Defendants for libel and misuse of private information (photographs) claims
  • Application to serve out refused for data protection, malicious falsehood, harassment, and broader privacy claims