Saïd v Groupe L'Express & Anor [2018] EWHC 3593 (QB) (21 December 2018)

Saïd v Groupe L'Express & Anor [2018] EWHC 3593 (QB) (21 December 2018)

The English court has jurisdiction to hear the libel claim for damages and injunctive relief relating to publication within England and Wales under the mosaic alternative, as the claimant has a good arguable case that serious harm to reputation has occurred or is likely to occur in the jurisdiction. However, the claimant has not established a good arguable case that England and Wales is his centre of interests for the purposes of an injunction against online publication, given his habitual residence in Monaco and diffuse international connections. The claimant is entitled to pursue an injunction regarding print publication but not for online publication.

Citation
[2018] EWHC 3593 (QB)
Parties
Claimant: Wafic Rida Saïd; First Defendant: Groupe L'Express; Second Defendant: Guillaume Dubois
Jurisdiction
England and Wales
Judgment Date
21 December 2018
Procedural Posture
Libel Claim / Jurisdiction Challenge (application to Contest Jurisdiction)
Outcome
Court has jurisdiction for libel claim relating to publication within England and Wales; claimant may pursue damages and injunction for print publication but not for online publication.
Legal Topics
Libel, Jurisdiction, Serious Harm, Injunctions, Publication, Centre of Interests, Mosaic Alternative, Freedom of Expression
Defamation Media Law Private International Law Libel Jurisdiction Serious Harm Injunctions Publication +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 22 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Wafic Rida Saïd

Claimant

Groupe L'Express

First Defendant

Guillaume Dubois

Second Defendant

Procedural Posture

Libel Claim / Jurisdiction Challenge (application to Contest Jurisdiction)

Legal Issues

  1. 1 Does the English court have jurisdiction to hear the libel claim against defendants domiciled in France?
  2. 2 Has the claimant suffered or is likely to suffer serious harm to reputation within England and Wales?
  3. 3 Is the claimant entitled to an injunction restraining further publication, including online?

Ratio Decidendi

The English court has jurisdiction to hear the libel claim for damages and injunctive relief relating to publication within England and Wales under the mosaic alternative, as the claimant has a good arguable case that serious harm to reputation has occurred or is likely to occur in the jurisdiction. However, the claimant has not established a good arguable case that England and Wales is his centre of interests for the purposes of an injunction against online publication, given his habitual residence in Monaco and diffuse international connections. The claimant is entitled to pursue an injunction regarding print publication but not for online publication.

Court Disposition

Court has jurisdiction for libel claim relating to publication within England and Wales; claimant may pursue damages and injunction for print publication but not for online publication.

Orders

  • Claimant permitted to proceed with libel claim for damages and injunction relating to print publication within England and Wales.
  • Claimant not permitted to pursue injunction against online publication as centre of interests not established in England and Wales.