Xiuling Wei & Ors v Jingping Long & Ors

Xiuling Wei & Ors v Jingping Long & Ors

D4, as a domain name registrar with no editorial or hosting control over the website, is not a publisher at common law or under the Defamation Act 2013, and the court has no jurisdiction over it for the defamation claim. Relief from sanctions for late acknowledgment of service is granted as the delay, though...

Source-derived case information.

Parties
Claimant: Xiuling Wei; Claimant: Weiguo Wang; Claimant: Yipeng Wang; Claimant: Anastasiia Marchuk; Defendant: Jingping Long; Defendant: DNC Holdings Inc; Defendant: GateChina Inc; Defendant: Porkbun LLC
Jurisdiction
England and Wales
Judgment Date
31 January 2025
Procedural Posture
Civil / Interlocutory Applications and Jurisdictional Challenge
Outcome
D4's applications allowed; Claimants' applications dismissed; costs awarded to D4.
Legal Topics
Jurisdiction, Relief From Sanctions, Default Judgment, Website Operator Liability, Costs, Service Out of Jurisdiction, Norwich Pharmacal Orders
Defamation Harassment Privacy Civil Procedure Jurisdiction Relief From Sanctions Default Judgment Website Operator Liability +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 32 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Xiuling Wei

Claimant

Weiguo Wang

Claimant

Yipeng Wang

Claimant

Anastasiia Marchuk

Claimant

Jingping Long

Defendant

DNC Holdings Inc

Defendant

GateChina Inc

Defendant

Porkbun LLC

Defendant

Procedural Posture

Civil / Interlocutory Applications and Jurisdictional Challenge

Legal Issues

  1. 1 Whether D4 (Porkbun LLC) is liable as a publisher at common law for defamatory statements posted on a website for which it is the domain name registrar but not the host or operator
  2. 2 Whether the court has jurisdiction over D4 under CPR Part 11 and the Defamation Act 2013, s.10
  3. 3 Whether an order under Defamation Act 2013, s.13 can be made against D4

Ratio Decidendi

D4, as a domain name registrar with no editorial or hosting control over the website, is not a publisher at common law or under the Defamation Act 2013, and the court has no jurisdiction over it for the defamation claim. Relief from sanctions for late acknowledgment of service is granted as the delay, though serious, was not significant in the litigation and was mitigated by confusion in communications. All applications by the Claimants against D4 are dismissed, and D4 is awarded its costs.

Court Disposition

D4's applications allowed; Claimants' applications dismissed; costs awarded to D4.

Orders

  • Relief from sanctions granted to D4 for late acknowledgment of service
  • Order setting aside service of the Claim Form on D4 for lack of jurisdiction