Wright v Granath

Wright v Granath

There is substantial identity of cause and object between the Norwegian and English proceedings regarding the defamatory meaning and liability for the tweet, creating a risk of irreconcilable judgments; Article 27 of the Lugano Convention applies and requires the English court to decline jurisdiction.

Parties
Claimant: Craig Wright; Defendant: Magnus Granath
Jurisdiction
England and Wales
Judgment Date
16 January 2020
Procedural Posture
Civil / Interlocutory Application to Challenge Jurisdiction and Set Aside Service
Outcome
application allowed; proceedings dismissed for want of jurisdiction
Legal Topics
Lis Pendens, Jurisdiction, Negative Declaratory Relief, Lugano Convention, Defamation, Internet Publication
Civil Procedure Defamation International Private Law Lis Pendens Jurisdiction Negative Declaratory Relief Lugano Convention Internet Publication

Case Brief

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Parties

Craig Wright

Claimant

Magnus Granath

Defendant

Procedural Posture

Civil / Interlocutory Application to Challenge Jurisdiction and Set Aside Service

Legal Issues

  1. 1 Do both sets of proceedings involve the same cause of action under Article 27 of the Lugano Convention?
  2. 2 Does Dr Wright have a substantive right to sue in the UK that cannot be displaced by Article 27?

Ratio Decidendi

There is substantial identity of cause and object between the Norwegian and English proceedings regarding the defamatory meaning and liability for the tweet, creating a risk of irreconcilable judgments; Article 27 of the Lugano Convention applies and requires the English court to decline jurisdiction.

Court Disposition

application allowed; proceedings dismissed for want of jurisdiction

Orders

  • Declaration under CPR r.11(1) that the court should not exercise jurisdiction
  • Order under CPR r.11(6) setting aside service of the Claim Form and dismissing the proceedings