King v Lewis & Ors

King v Lewis & Ors

The English court has jurisdiction because publication occurred in England via internet access, the Claimant has a substantial reputation and business interests in England, and there is a serious issue to be tried regarding the Defendants' responsibility for the publications. England and Wales is the appropriate forum for the claim, and the application to set aside the order for service out of jurisdiction is dismissed.

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 / Application to Set Aside Order Granting Permission to Serve Claim Form Out of Jurisdiction
Outcome
Application to set aside order dismissed
Legal Topics
Internet Publication, Jurisdiction, Forum Non Conveniens, Service Out of Jurisdiction, Damage to Reputation
Defamation Private International Law Internet Publication Jurisdiction Forum Non Conveniens Service Out of Jurisdiction Damage to Reputation

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

Legal Issues

  1. 1 Whether the English court has jurisdiction to try the libel claim based on internet publications accessible in England
  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 court has jurisdiction because publication occurred in England via internet access, the Claimant has a substantial reputation and business interests in England, and there is a serious issue to be tried regarding the Defendants' responsibility for the publications. England and Wales is the appropriate forum for the claim, and the application to set aside the order for service out of jurisdiction is dismissed.

Court Disposition

Application to set aside order dismissed

Orders

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