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 issue of domicile is fact-sensitive and must be determined at trial. The Defendant also failed to show that the Claimant had no realistic prospect of establishing serious harm to his reputation, given the gravity of the allegations and the nature of the publishees. The claim was not an abuse of process as it concerned serious allegations published to persons important to the Claimant.

Citation
[2019] EWHC 2717 (QB)
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 (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, Publication to Foreign Recipients
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 Publication to Foreign Recipients

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

Legal Issues

  1. 1 Whether the court has jurisdiction under s.9 Defamation Act 2013 given the Defendant's domicile
  2. 2 Whether the claim meets the 'serious harm' threshold under s.1 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 issue of domicile is fact-sensitive and must be determined at trial. The Defendant also failed to show that the Claimant had no realistic prospect of establishing serious harm to his reputation, given the gravity of the allegations and the nature of the publishees. The claim was not an abuse of process as it concerned serious allegations published to persons important to the Claimant.

Court Disposition

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

Orders

  • The claim is to proceed to trial.