Ahuja v Politika Novine I Magazini D.O.O & Ors

Ahuja v Politika Novine I Magazini D.O.O & Ors

The order for service out of jurisdiction must be set aside due to material non-disclosure regarding claimant's Serbian nationality and connections, and failure to provide quantitative evidence of publication in other jurisdictions as required by Defamation Act 2013 s.9. England is not clearly the most appropriate forum for the claims in defamation or misuse of private information, and there is insufficient cogent evidence of risk of unfair trial in Serbia.

Parties
Claimant/respondent: Nandi Ahuja; Defendant/applicant: Politika Novine i Magazini D. O. O; Defendant/applicant: Ljiljana Smajlovic; Defendant/applicant: Anica Teleskovic
Jurisdiction
England and Wales
Judgment Date
23 November 2015
Procedural Posture
Civil / Ruling on Application to Set Aside Order for Service Out of Jurisdiction
Outcome
Order for service out of jurisdiction set aside
Legal Topics
Misuse of Private Information, Libel, Jurisdiction, Service Out of Jurisdiction, Non Disclosure, Forum Appropriateness
Defamation Privacy Civil Procedure Misuse of Private Information Libel Jurisdiction Service Out of Jurisdiction Non Disclosure +1 more

Case Brief

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Parties

Nandi Ahuja

Claimant/respondent

Politika Novine i Magazini D. O. O

Defendant/applicant

Ljiljana Smajlovic

Defendant/applicant

Anica Teleskovic

Defendant/applicant

Procedural Posture

Civil / Ruling on Application to Set Aside Order for Service Out of Jurisdiction

Legal Issues

  1. 1 Whether the claimant failed in duty of full and frank disclosure
  2. 2 Whether there is a serious issue to be tried in misuse of private information and defamation
  3. 3 Whether England is clearly the most appropriate forum under Defamation Act 2013 s.9

Ratio Decidendi

The order for service out of jurisdiction must be set aside due to material non-disclosure regarding claimant's Serbian nationality and connections, and failure to provide quantitative evidence of publication in other jurisdictions as required by Defamation Act 2013 s.9. England is not clearly the most appropriate forum for the claims in defamation or misuse of private information, and there is insufficient cogent evidence of risk of unfair trial in Serbia.

Court Disposition

Order for service out of jurisdiction set aside

Orders

  • Permission to serve proceedings out of jurisdiction is revoked
  • Further submissions invited as to any additional orders