Soriano v Forensic News LLC & Ors

Soriano v Forensic News LLC & Ors

Permission to serve the claim in defamation out of the jurisdiction on the Sixth Defendant is granted because, although the US is a more significant place of publication, the existence of related proceedings against other defendants in England and Wales makes it the most appropriate forum. The claim for misuse of private information fails as the claimant did not establish a good arguable case of additional distress or a reasonable expectation of privacy at the time of the Sixth Defendant's publication.

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
13 April 2021
Procedural Posture
Civil (defamation and Misuse of Private Information) / Interlocutory Application for Permission to Serve Out of Jurisdiction
Outcome
Permission to serve out of jurisdiction granted for defamation claim; refused for misuse of private information claim.
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Serious Harm Requirement, Misuse of Private Information, Relief From Sanctions
Defamation Private International Law Media Law Jurisdiction Service Out of Jurisdiction Serious Harm Requirement Misuse of Private Information Relief From Sanctions

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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

Civil (defamation and Misuse of Private Information) / Interlocutory Application for Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether the claimant has established a good arguable case for a jurisdictional gateway under CPR PD 6B for service out of the jurisdiction
  2. 2 Whether there is a serious issue to be tried on the merits in respect of defamation and misuse of private information
  3. 3 Whether England and Wales is clearly the most appropriate place to bring the defamation claim under section 9 Defamation Act 2013

Ratio Decidendi

Permission to serve the claim in defamation out of the jurisdiction on the Sixth Defendant is granted because, although the US is a more significant place of publication, the existence of related proceedings against other defendants in England and Wales makes it the most appropriate forum. The claim for misuse of private information fails as the claimant did not establish a good arguable case of additional distress or a reasonable expectation of privacy at the time of the Sixth Defendant's publication.

Court Disposition

Permission to serve out of jurisdiction granted for defamation claim; refused for misuse of private information claim.

Orders

  • Permission to serve the claim in defamation out of the jurisdiction on the Sixth Defendant is granted.
  • Permission to serve the claim for misuse of private information out of the jurisdiction is refused.