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

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

The English court has jurisdiction to permit service out of the jurisdiction in respect of internet publications downloaded and read in England, where the claimant has a substantial reputation and business interests, and where there is a serious issue to be tried as to the responsibility of the defendants for the publications. England and Wales is the appropriate forum for the claim, and the application to set aside the order for service out is dismissed.

Citation
[2004] EWHC 168
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 to set aside order dismissed
Legal Topics
Libel, Jurisdiction, Internet Publication, Forum Conveniens, Service Out of Jurisdiction
Defamation Private International Law Libel Jurisdiction Internet Publication Forum Conveniens Service Out of Jurisdiction

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 the English court has jurisdiction to permit service out of the jurisdiction in a libel action concerning internet publications
  2. 2 Whether England and Wales is the appropriate forum for the claim
  3. 3 Whether the claim discloses a serious issue to be tried against each defendant

Ratio Decidendi

The English court has jurisdiction to permit service out of the jurisdiction in respect of internet publications downloaded and read in England, where the claimant has a substantial reputation and business interests, and where there is a serious issue to be tried as to the responsibility of the defendants for the publications. England and Wales is the appropriate forum for the claim, and the application to set aside the order for service out is dismissed.

Court Disposition

Application to set aside order dismissed

Orders

  • Permission to serve claim form out of the jurisdiction stands
  • Claim may proceed in England and Wales