Al Sadik (aka Riad Tawfiq Mahmood Al Sadek aka Riad Tawfik Sadik) v Sadik [2019] EWHC 2717 (QB) (16 October 2019)

Al Sadik (aka Riad Tawfiq Mahmood Al Sadek aka Riad Tawfik Sadik) v Sadik [2019] EWHC 2717 (QB) (16 October 2019)

The Defendant failed to show that the Claimant had no realistic prospect of establishing that she was domiciled in the UK at the relevant date; the question of domicile is a matter for trial. The Defendant also failed to show that the Claimant had no real prospect of establishing serious harm to his reputation, given the gravity of the allegations and the context of publication to close family members. The claim was not an abuse of process as it concerned serious allegations published to persons of importance to the Claimant.

Citation
[2019] EWHC 2717
Parties
Claimant/respondent: Riad Tawfiq Al Sadik (aka Riad Tawfiq Mahmood Al Sadek aka Riad Tawfik Sadik); Defendant/applicant: Suhad Subhi Sadik
Jurisdiction
England and Wales
Judgment Date
16 October 2019
Procedural Posture
Libel Claim (defamation) / Application to Strike Out And/or for Summary Judgment
Outcome
Defendant's application to strike out and/or for summary judgment dismissed.
Legal Topics
Jurisdiction Under Defamation Act 2013 S.9, Serious Harm Threshold Under Defamation Act 2013 S.1, Abuse of Process (jameel Jurisdiction), Summary Judgment, Domicile for Jurisdictional Purposes
Defamation Civil Procedure Jurisdiction Under Defamation Act 2013 S.9 Serious Harm Threshold Under Defamation Act 2013 S.1 Abuse of Process (jameel Jurisdiction) Summary Judgment Domicile for Jurisdictional Purposes

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Parties

Riad Tawfiq Al Sadik (aka Riad Tawfiq Mahmood Al Sadek aka Riad Tawfik Sadik)

Claimant/respondent

Suhad Subhi Sadik

Defendant/applicant

Procedural Posture

Libel Claim (defamation) / Application to Strike Out And/or for Summary Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction under s.9 of the Defamation Act 2013 given the Defendant's domicile
  2. 2 Whether the claim meets the 'serious harm' threshold under s.1 of the Defamation Act 2013
  3. 3 Whether the claim is an abuse of process under the Jameel jurisdiction

Ratio Decidendi

The Defendant failed to show that the Claimant had no realistic prospect of establishing that she was domiciled in the UK at the relevant date; the question of domicile is a matter for trial. The Defendant also failed to show that the Claimant had no real prospect of establishing serious harm to his reputation, given the gravity of the allegations and the context of publication to close family members. The claim was not an abuse of process as it concerned serious allegations published to persons of importance to the Claimant.

Court Disposition

Defendant's application to strike out and/or for summary judgment dismissed.

Orders

  • Claim proceeds to trial on all issues.