Subotic v Knezevic [2013] EWHC 3011 (QB) (14 October 2013)

Subotic v Knezevic [2013] EWHC 3011 (QB) (14 October 2013)

The action was dismissed as an abuse of process because there was no substantial publication or effect on the claimant's reputation in England and Wales, and the litigation served no legitimate purpose in the jurisdiction. The evidence showed only minimal publication, no identified loss, and the real dispute concerned reputation in the Balkans, not in England and Wales.

Citation
[2013] EWHC 3011
Parties
Claimant: Stanko Subotic; Defendant: Ratko Knezevic
Jurisdiction
England and Wales
Judgment Date
14 October 2013
Procedural Posture
Libel/defamation / Interlocutory Application and Dismissal for Abuse of Process
Outcome
Action dismissed as an abuse of process (Jameel abuse).
Legal Topics
Abuse of Process, Jameel Principle, Jurisdiction, Publication, Amendment of Pleadings
Defamation Civil Procedure Abuse of Process Jameel Principle Jurisdiction Publication Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Stanko Subotic

Claimant

Ratko Knezevic

Defendant

Procedural Posture

Libel/defamation / Interlocutory Application and Dismissal for Abuse of Process

Legal Issues

  1. 1 Whether the claim should be dismissed as a Jameel abuse of process due to minimal publication and lack of substantial tort in the jurisdiction
  2. 2 Whether to permit a further adjournment for the claimant to prepare and amend pleadings
  3. 3 Whether to allow re-re-amendment of the Particulars of Claim

Ratio Decidendi

The action was dismissed as an abuse of process because there was no substantial publication or effect on the claimant's reputation in England and Wales, and the litigation served no legitimate purpose in the jurisdiction. The evidence showed only minimal publication, no identified loss, and the real dispute concerned reputation in the Balkans, not in England and Wales.

Court Disposition

Action dismissed as an abuse of process (Jameel abuse).

Orders

  • Refusal to adjourn the hearing.
  • Refusal to permit re-re-amendment of the Particulars of Claim.