Sobrinho v Impresa Publishing SA

Sobrinho v Impresa Publishing SA

The publication of the article in England and Wales did not cause, and is not likely to cause, serious harm to the claimant's reputation as required by section 1 of the Defamation Act 2013. The pursuit of proceedings is a Jameel abuse of process because the claimant's reputation was vindicated in Portugal and the relevant media coverage was available in England and Wales. Permission to amend the Particulars of Claim is refused as the amendment would not alter the absence of serious harm or the abuse of process finding.

Parties
Claimant: Alvaro Sobrinho; Defendant: Impresa Publishing SA
Jurisdiction
England and Wales
Judgment Date
22 January 2016
Procedural Posture
Libel Claim / Judgment on Preliminary Issues: Meaning, Serious Harm, and Abuse of Process
Outcome
Claim dismissed as an abuse of process; no serious harm established.
Legal Topics
Libel, Jurisdiction, Serious Harm Requirement, Abuse of Process, Jameel Applications
Defamation Private International Law Libel Jurisdiction Serious Harm Requirement Abuse of Process Jameel Applications

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Parties

Alvaro Sobrinho

Claimant

Impresa Publishing SA

Defendant

Procedural Posture

Libel Claim / Judgment on Preliminary Issues: Meaning, Serious Harm, and Abuse of Process

Legal Issues

  1. 1 What is the natural and ordinary meaning of the article complained of?
  2. 2 Has the publication caused or is it likely to cause serious harm to the claimant's reputation in England and Wales under section 1 of the Defamation Act 2013?
  3. 3 Should the action be dismissed as an abuse of process (Jameel abuse)?

Ratio Decidendi

The publication of the article in England and Wales did not cause, and is not likely to cause, serious harm to the claimant's reputation as required by section 1 of the Defamation Act 2013. The pursuit of proceedings is a Jameel abuse of process because the claimant's reputation was vindicated in Portugal and the relevant media coverage was available in England and Wales. Permission to amend the Particulars of Claim is refused as the amendment would not alter the absence of serious harm or the abuse of process finding.

Court Disposition

Claim dismissed as an abuse of process; no serious harm established.

Orders

  • Permission to amend Particulars of Claim refused.
  • No further proceedings permitted in respect of the publication in England and Wales.