Amoudi v Brisard & Anor

Amoudi v Brisard & Anor

There is no rebuttable presumption of law that publication on an open-access website amounts to substantial publication within the jurisdiction; the claimant must prove publication, either by direct evidence or by inference from facts, and the issue should be determined by the tribunal of fact at trial.

Parties
Claimant: Mohammed Hussein Al Amoudi; Defendant: Jean Charles Brisard; Defendant: JCB Consulting International SARL
Jurisdiction
England and Wales
Judgment Date
12 May 2006
Procedural Posture
Defamation / Interlocutory Application for Summary Judgment/strike Out
Outcome
Application dismissed
Legal Topics
Internet Publication, Proof of Publication, Presumptions in Law, Abuse of Process
Defamation Civil Procedure Internet Publication Proof of Publication Presumptions in Law Abuse of Process

Case Brief

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Parties

Mohammed Hussein Al Amoudi

Claimant

Jean Charles Brisard

Defendant

JCB Consulting International SARL

Defendant

Procedural Posture

Defamation / Interlocutory Application for Summary Judgment/strike Out

Legal Issues

  1. 1 Whether a claimant in an Internet defamation case can rely on a rebuttable presumption of substantial publication within the jurisdiction
  2. 2 Whether the Defence denying publication should be struck out or summary judgment entered for the claimant

Ratio Decidendi

There is no rebuttable presumption of law that publication on an open-access website amounts to substantial publication within the jurisdiction; the claimant must prove publication, either by direct evidence or by inference from facts, and the issue should be determined by the tribunal of fact at trial.

Court Disposition

Application dismissed

Orders

  • The application to strike out passages in the Defence denying publication is refused.
  • The application for summary judgment on the issue of publication is refused.