Lewis & Ors v King [2004] EWCA Civ 1329 (19 October 2004)

Lewis & Ors v King [2004] EWCA Civ 1329 (19 October 2004)

The judge did not err in law; he correctly exercised his discretion in determining that England was the appropriate forum for the libel claim, focusing on publication in England and the claimant's reputation there, and did not improperly rely on juridical advantage. The appeal is dismissed as there is no legal basis to interfere with the judge's decision.

Citation
[2004] EWCA Civ 1329
Parties
Appellants: Lennox Lewis & Ors; Respondent: Don King
Jurisdiction
England and Wales
Judgment Date
19 October 2004
Procedural Posture
Appeal (civil) / Appeal From High Court Decision Refusing to Set Aside Order for Service Out of Jurisdiction
Outcome
Appeal dismissed
Legal Topics
Forum Conveniens, Service Out of Jurisdiction, Internet Publication, Libel, Juridical Advantage
Private International Law Defamation Forum Conveniens Service Out of Jurisdiction Internet Publication Libel Juridical Advantage

Case Brief

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Parties

Lennox Lewis & Ors

Appellants

Don King

Respondent

Procedural Posture

Appeal (civil) / Appeal From High Court Decision Refusing to Set Aside Order for Service Out of Jurisdiction

Legal Issues

  1. 1 Whether the High Court erred in law in refusing to set aside permission to serve a libel claim out of the jurisdiction
  2. 2 Whether the English court is the appropriate forum for a libel claim concerning Internet publications accessible in England but originating in the US
  3. 3 Whether the judge wrongly relied on 'juridical advantage' in allowing the claim to proceed in England

Ratio Decidendi

The judge did not err in law; he correctly exercised his discretion in determining that England was the appropriate forum for the libel claim, focusing on publication in England and the claimant's reputation there, and did not improperly rely on juridical advantage. The appeal is dismissed as there is no legal basis to interfere with the judge's decision.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the order for service out of the jurisdiction stands.