Saïd v Groupe L'Express & Anor

Saïd v Groupe L'Express & Anor

The claimant failed to show a good arguable case that his centre of interests is in England and Wales; therefore, the English court lacks jurisdiction to grant an injunction against online publication. However, the claimant has a good arguable case that publication in England and Wales caused or is likely to cause serious harm to his reputation, and the claim is not an abuse of process. The court has jurisdiction over the libel claim for publications within England and Wales, but not to grant an injunction against online publication.

Parties
Claimant: Wafic Rida Saïd; 1st Defendant: Groupe L’Express; 2nd Defendant: Guillaume Dubois
Jurisdiction
England and Wales
Judgment Date
21 December 2018
Procedural Posture
Libel / Jurisdictional Challenge (application to Contest Jurisdiction)
Outcome
Defendants' application partially allowed; court lacks jurisdiction to grant injunction against online publication, but otherwise refused.
Legal Topics
Jurisdiction Under Brussels Regulation, Serious Harm Requirement, Mosaic Alternative, Centre of Interests, Injunctions in Libel, Abuse of Process (jameel Principle)
Defamation Private International Law Media Law Jurisdiction Under Brussels Regulation Serious Harm Requirement Mosaic Alternative Centre of Interests Injunctions in Libel +1 more

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Parties

Wafic Rida Saïd

Claimant

Groupe L’Express

1st Defendant

Guillaume Dubois

2nd Defendant

Procedural Posture

Libel / Jurisdictional Challenge (application to Contest Jurisdiction)

Legal Issues

  1. 1 Whether the English court has jurisdiction over the libel claim against French-domiciled defendants under the Recast Brussels Regulation
  2. 2 Whether the claimant has a good arguable case that publication in England and Wales caused or is likely to cause serious harm to his reputation
  3. 3 Whether the claimant can obtain an injunction against online publication given his centre of interests

Ratio Decidendi

The claimant failed to show a good arguable case that his centre of interests is in England and Wales; therefore, the English court lacks jurisdiction to grant an injunction against online publication. However, the claimant has a good arguable case that publication in England and Wales caused or is likely to cause serious harm to his reputation, and the claim is not an abuse of process. The court has jurisdiction over the libel claim for publications within England and Wales, but not to grant an injunction against online publication.

Court Disposition

Defendants' application partially allowed; court lacks jurisdiction to grant injunction against online publication, but otherwise refused.

Orders

  • Court lacks jurisdiction to grant an injunction restraining online publication of the article.
  • Claimant may proceed with libel claim and seek relief for publications within England and Wales.