Mincione v Gedi Gruppo Editoriale SpA [2021] EWHC 2006 (QB) (27 May 2021)

Mincione v Gedi Gruppo Editoriale SpA [2021] EWHC 2006 (QB) (27 May 2021)

The English court does not have jurisdiction to grant an internet injunction or section 12 order for online publication against a foreign defendant under Article 7(2) of the Recast Brussels Regulation where the claimant's centre of interests is not in England and Wales; such relief is indivisible and must be sought in the court with jurisdiction over the entire claim for damages, i.e., where the defendant is domiciled or where the claimant has his centre of interests. Technical measures such as geo-blocking cannot restrict publication solely to England and Wales, and any injunction would inevitably have extraterritorial effect.

Citation
[2021] EWHC 2006
Parties
Claimant: Raffaele Mincione; Defendant: GEDI Gruppo Editoriale SpA
Jurisdiction
England and Wales
Judgment Date
27 May 2021
Procedural Posture
Defamation / Interlocutory Application—jurisdiction Challenge
Outcome
Defendant's application granted in part; declaration that court has no jurisdiction to try claim for internet injunction or section 12 order for online publication; application to strike out/dismissed in respect of hard copy publication.
Legal Topics
Internet Injunctions, Jurisdiction Under Brussels Regulation, Defamation Act 2013 Section 12, Mosaic Principle, Centre of Interests, Online Publication, Rectification and Removal Orders
Defamation Private International Law Media Law Internet Injunctions Jurisdiction Under Brussels Regulation Defamation Act 2013 Section 12 Mosaic Principle Centre of Interests +2 more

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Parties

Raffaele Mincione

Claimant

GEDI Gruppo Editoriale SpA

Defendant

Procedural Posture

Defamation / Interlocutory Application—jurisdiction Challenge

Legal Issues

  1. 1 Does the English court have jurisdiction to grant an internet injunction or section 12 order against a foreign defendant under Article 7(2) of the Recast Brussels Regulation where the claimant's centre of interests is not in England and Wales?
  2. 2 Can injunctive relief for online publication be territorially limited to England and Wales given technical constraints?
  3. 3 Is the claim for injunctive relief in respect of hard copy publication sustainable when no complaint is made of hard copy publication?

Ratio Decidendi

The English court does not have jurisdiction to grant an internet injunction or section 12 order for online publication against a foreign defendant under Article 7(2) of the Recast Brussels Regulation where the claimant's centre of interests is not in England and Wales; such relief is indivisible and must be sought in the court with jurisdiction over the entire claim for damages, i.e., where the defendant is domiciled or where the claimant has his centre of interests. Technical measures such as geo-blocking cannot restrict publication solely to England and Wales, and any injunction would inevitably have extraterritorial effect.

Court Disposition

Defendant's application granted in part; declaration that court has no jurisdiction to try claim for internet injunction or section 12 order for online publication; application to strike out/dismissed in respect of hard copy publication.

Orders

  • Declaration that court has no jurisdiction to try claim for internet injunction in relation to online publications.
  • Declaration that court has no jurisdiction to grant section 12 order for online publication of summary judgment.