Carr v Penman

Carr v Penman

There was no real and substantial tort committed in England due to lack of proper evidence of publication in the jurisdiction; material non-disclosure by Mr Carr in the application warranted setting aside the order for service out of jurisdiction; Australia is the appropriate forum.

Parties
Claimant: Paul Carr; Defendant: David James Penman
Jurisdiction
England and Wales
Judgment Date
02 September 2013
Procedural Posture
Civil / Application to Set Aside Order for Service Out of Jurisdiction
Outcome
Order for service out of jurisdiction set aside; Court will not exercise jurisdiction to hear the action.
Legal Topics
Libel, Service Out of Jurisdiction, Abuse of Process, Material Non Disclosure, Appropriate Forum
Defamation Civil Procedure Jurisdiction Libel Service Out of Jurisdiction Abuse of Process Material Non Disclosure Appropriate Forum

Case Brief

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Parties

Paul Carr

Claimant

David James Penman

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether there was full and frank disclosure in the application for service out of jurisdiction
  2. 2 Whether there was a real and substantial tort committed in England
  3. 3 Whether England is the appropriate forum for the trial

Ratio Decidendi

There was no real and substantial tort committed in England due to lack of proper evidence of publication in the jurisdiction; material non-disclosure by Mr Carr in the application warranted setting aside the order for service out of jurisdiction; Australia is the appropriate forum.

Court Disposition

Order for service out of jurisdiction set aside; Court will not exercise jurisdiction to hear the action.

Orders

  • Order for service of proceedings out of jurisdiction set aside
  • Declaration that the Court will not exercise jurisdiction to hear the action