Lewis & Ors v King

Lewis & Ors v King

The judge did not err in law by permitting the claim to proceed in England; he properly exercised discretion to determine the appropriate forum based on practical reasoning and connections to the jurisdiction, not on juridical advantage. The appeal is dismissed as no legal mistake was made.

Source-derived case information.

Parties
Appellant: Lennox Lewis; Appellant: Lion Promotions LLC; Appellant: Judd Burstein; Respondent: Don King
Jurisdiction
England and Wales
Judgment Date
19 October 2004
Procedural Posture
Civil Appeal / Appeal From High Court Decision Declining to Set Aside Order for Service Out of Jurisdiction
Outcome
appeal dismissed
Legal Topics
Forum Conveniens, Service Out of Jurisdiction, Internet Publication, Juridical Advantage, Qualified Privilege
Defamation Civil Procedure Forum Conveniens Service Out of Jurisdiction Internet Publication Juridical Advantage Qualified Privilege

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lennox Lewis

Appellant

Lion Promotions LLC

Appellant

Judd Burstein

Appellant

Don King

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision Declining to Set Aside Order for Service Out of Jurisdiction

Legal Issues

  1. 1 Whether the judge erred in law in exercising discretion to uphold service out of jurisdiction
  2. 2 Whether the claimant should be permitted to sue in England for alleged libel published on US-based websites
  3. 3 Whether juridical advantage is a permissible consideration in forum conveniens analysis

Ratio Decidendi

The judge did not err in law by permitting the claim to proceed in England; he properly exercised discretion to determine the appropriate forum based on practical reasoning and connections to the jurisdiction, not on juridical advantage. The appeal is dismissed as no legal mistake was made.

Court Disposition

appeal dismissed

Orders

  • Claim permitted to proceed in England
  • No error of law found in judge's exercise of discretion