El Diwany v Hansen & Anor [2011] EWHC 2077 (QB) (29 July 2011)

El Diwany v Hansen & Anor [2011] EWHC 2077 (QB) (29 July 2011)

The English court has no jurisdiction over the claim against Ms Sorte as the alleged tort (slander) occurred in Norway and is time-barred. There is no pleaded or evidential basis for actionable publication in England. The claims are an abuse of process, amounting to harassment and re-litigation of matters already determined in Norway. The claim against the MOJP fails for the same reasons and due to state immunity. All claims are struck out.

Citation
[2011] EWHC 2077 (QB)
Parties
Claimant: Farid El Diwany; First Defendant: Roy Hansen; Second Defendant: Torill Sorte; Defendant (mojp Action): The Ministry of Justice and the Police, Norway
Jurisdiction
England and Wales
Judgment Date
29 July 2011
Procedural Posture
Civil (libel/defamation) / Applications to Set Aside Default Judgment, Strike Out Claims, and Set Aside Service Out of Jurisdiction
Outcome
Claims struck out; judgment for all Defendants.
Legal Topics
Libel, Slander, Jurisdiction, State Immunity, Limitation, Abuse of Process
Defamation Private International Law Civil Procedure Libel Slander Jurisdiction State Immunity Limitation +1 more

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Parties

Farid El Diwany

Claimant

Roy Hansen

First Defendant

Torill Sorte

Second Defendant

The Ministry of Justice and the Police, Norway

Defendant (mojp Action)

Procedural Posture

Civil (libel/defamation) / Applications to Set Aside Default Judgment, Strike Out Claims, and Set Aside Service Out of Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claim against Ms Sorte for statements made in Norway
  2. 2 Whether the claim is time-barred under the Limitation Act 1980
  3. 3 Whether there was actionable publication in the jurisdiction

Ratio Decidendi

The English court has no jurisdiction over the claim against Ms Sorte as the alleged tort (slander) occurred in Norway and is time-barred. There is no pleaded or evidential basis for actionable publication in England. The claims are an abuse of process, amounting to harassment and re-litigation of matters already determined in Norway. The claim against the MOJP fails for the same reasons and due to state immunity. All claims are struck out.

Court Disposition

Claims struck out; judgment for all Defendants.

Orders

  • Default judgment against Ms Sorte set aside.
  • Claim against Ms Sorte struck out.