Kim v Lee [2020] EWHC 2162 (QB) (11 August 2020)

Kim v Lee [2020] EWHC 2162 (QB) (11 August 2020)

The Defendant was domiciled in the UK at the relevant time, or at least it is arguable and a matter for trial; the claim raises serious issues of fact and law that cannot be determined without a trial; there is evidence of a real and substantial tort and serious harm to the Claimant's reputation in the UK; the application to strike out fails on all grounds.

Citation
[2020] EWHC 2162
Parties
Claimant/respondent: Sang Youl Kim; Defendant/applicant: Sungmo Lee
Jurisdiction
England and Wales
Judgment Date
11 August 2020
Procedural Posture
Libel Claim (defamation) / Application to Strike Out Claim Before Trial
Outcome
Application to strike out dismissed; claim to proceed to trial.
Legal Topics
Libel, Jurisdiction, Abuse of Process, Serious Harm, Domicile, Strike Out Applications
Defamation Civil Procedure Libel Jurisdiction Abuse of Process Serious Harm Domicile Strike Out Applications

Case Brief

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Parties

Sang Youl Kim

Claimant/respondent

Sungmo Lee

Defendant/applicant

Procedural Posture

Libel Claim (defamation) / Application to Strike Out Claim Before Trial

Legal Issues

  1. 1 Whether the Defendant was domiciled in the UK at the relevant time for the purposes of s 9 Defamation Act 2013
  2. 2 Whether England and Wales is clearly the most appropriate forum for the claim
  3. 3 Whether the claim should be struck out as disclosing no reasonable grounds or as an abuse of process under the Jameel jurisdiction

Ratio Decidendi

The Defendant was domiciled in the UK at the relevant time, or at least it is arguable and a matter for trial; the claim raises serious issues of fact and law that cannot be determined without a trial; there is evidence of a real and substantial tort and serious harm to the Claimant's reputation in the UK; the application to strike out fails on all grounds.

Court Disposition

Application to strike out dismissed; claim to proceed to trial.

Orders

  • Strike out application refused.
  • Directions for trial to continue.