King v Lewis & Ors [2004] EWHC 168 (QB) (06 February 2004)

King v Lewis & Ors [2004] EWHC 168 (QB) (06 February 2004)

The English courts have jurisdiction over the claim because publication occurred in England when the material was downloaded, the claimant has a substantial reputation and business interests in England, and the claim is limited to injury suffered in this jurisdiction. The claimant demonstrated a serious issue to be tried and England is the appropriate forum. The application to set aside the order permitting service out of the jurisdiction is dismissed.

Citation
[2004] EWHC 168 (QB)
Parties
Claimant: Don King; Defendant: Lennox Lewis; Defendant: Lion Promotions, L.L.C.; Defendant: Judd Burstein
Jurisdiction
England and Wales
Judgment Date
06 February 2004
Procedural Posture
Libel Action / Application to Set Aside Order Granting Permission to Serve Claim Form Out of Jurisdiction
Outcome
Application dismissed
Legal Topics
Internet Publication, Jurisdiction, Forum Conveniens, Service Out of Jurisdiction, Presumption of Damage, Reputation in England
Defamation Private International Law Civil Procedure Internet Publication Jurisdiction Forum Conveniens Service Out of Jurisdiction Presumption of Damage +1 more

Case Brief

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Parties

Don King

Claimant

Lennox Lewis

Defendant

Lion Promotions, L.L.C.

Defendant

Judd Burstein

Defendant

Procedural Posture

Libel Action / Application to Set Aside Order Granting Permission to Serve Claim Form Out of Jurisdiction

Legal Issues

  1. 1 Whether English courts have jurisdiction to hear a libel claim concerning internet publications made by US-based defendants
  2. 2 Whether England and Wales is the appropriate forum for the claim
  3. 3 Whether the claim form should be set aside for lack of jurisdiction or forum non conveniens

Ratio Decidendi

The English courts have jurisdiction over the claim because publication occurred in England when the material was downloaded, the claimant has a substantial reputation and business interests in England, and the claim is limited to injury suffered in this jurisdiction. The claimant demonstrated a serious issue to be tried and England is the appropriate forum. The application to set aside the order permitting service out of the jurisdiction is dismissed.

Court Disposition

Application dismissed

Orders

  • Master's order granting permission to serve claim form out of jurisdiction stands
  • Claim proceeds in England and Wales