Raffaele Mincione v Gedi Gruppo Editoriale S.p.A

Raffaele Mincione v Gedi Gruppo Editoriale S.p.A

The English court, when seised on the mosaic basis under Article 7(2) of the Recast Brussels Regulation, has jurisdiction in principle to grant a domestic internet injunction or section 12 order limited to England and Wales, but only if such an order would not have extraterritorial effect. On the undisputed evidence, any such order in this case would inevitably have effect outside England and Wales due to technological limitations, so the court lacks jurisdiction to grant the relief sought.

Parties
Claimant/appellant: Raffaele Mincione; Defendant/respondent: Gedi Gruppo Editoriale S.p.A.
Jurisdiction
England and Wales
Judgment Date
29 April 2022
Procedural Posture
Civil Appeal (defamation/libel) / Appeal From High Court to Court of Appeal; Judgment on Jurisdictional Challenge
Outcome
Appeal dismissed (save for minor amendment regarding section 12 order)
Legal Topics
Jurisdiction Under Brussels Regulation (recast), Mosaic Approach to Defamation, Internet Publication and Remedies, Injunctive Relief, Section 12 Defamation Act 2013 Orders
Civil Procedure Defamation Private International Law Jurisdiction Under Brussels Regulation (recast) Mosaic Approach to Defamation Internet Publication and Remedies Injunctive Relief Section 12 Defamation Act 2013 Orders

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Parties

Raffaele Mincione

Claimant/appellant

Gedi Gruppo Editoriale S.p.A.

Defendant/respondent

Procedural Posture

Civil Appeal (defamation/libel) / Appeal From High Court to Court of Appeal; Judgment on Jurisdictional Challenge

Legal Issues

  1. 1 Does the English court have jurisdiction under Article 7(2) of the Recast Brussels Regulation to grant a domestic internet injunction in a mosaic defamation claim?
  2. 2 Does the English court have jurisdiction to grant a section 12 Defamation Act 2013 order for internet publication of a summary judgment in a mosaic claim?
  3. 3 Does the practical effect of geo-blocking technology render any such injunction or order inevitably extraterritorial and thus outside the court's jurisdiction?

Ratio Decidendi

The English court, when seised on the mosaic basis under Article 7(2) of the Recast Brussels Regulation, has jurisdiction in principle to grant a domestic internet injunction or section 12 order limited to England and Wales, but only if such an order would not have extraterritorial effect. On the undisputed evidence, any such order in this case would inevitably have effect outside England and Wales due to technological limitations, so the court lacks jurisdiction to grant the relief sought.

Court Disposition

Appeal dismissed (save for minor amendment regarding section 12 order)

Orders

  • Declaration that the court has no jurisdiction to grant a domestic internet injunction in this case, as any such order would have extraterritorial effect.
  • Declaration (as amended) that the court has jurisdiction to make a limited domestic internet section 12 order to subscribers in England and Wales, but not a general internet section 12 order.