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 under the Jameel principle because there was only minimal publication in England and Wales, no substantial effect on the claimant's reputation in the jurisdiction, and no identifiable loss. The time, effort, and cost of litigation were disproportionate to any legitimate advantage, and the claim was primarily concerned with reputation in the Balkans, not England and Wales.

Citation
[2013] EWHC 3011 (QB)
Parties
Claimant: Stanko Subotic; Defendant: Ratko Knezevic
Jurisdiction
England and Wales
Judgment Date
14 October 2013
Procedural Posture
Defamation (libel) / Interlocutory Application and Dismissal for Abuse of Process
Outcome
Claim dismissed as an abuse of process (Jameel abuse); permission to re-re-amend Particulars of Claim refused; application for adjournment refused.
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

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Parties

Stanko Subotic

Claimant

Ratko Knezevic

Defendant

Procedural Posture

Defamation (libel) / Interlocutory Application and Dismissal for Abuse of Process

Legal Issues

  1. 1 Whether the claim should be adjourned to allow new legal representatives to prepare and consider further amendments
  2. 2 Whether the claimant should be permitted to re-re-amend the Particulars of Claim
  3. 3 Whether the claim should be dismissed as a Jameel abuse of process due to minimal publication and lack of substantial tort in the jurisdiction

Ratio Decidendi

The action was dismissed as an abuse of process under the Jameel principle because there was only minimal publication in England and Wales, no substantial effect on the claimant's reputation in the jurisdiction, and no identifiable loss. The time, effort, and cost of litigation were disproportionate to any legitimate advantage, and the claim was primarily concerned with reputation in the Balkans, not England and Wales.

Court Disposition

Claim dismissed as an abuse of process (Jameel abuse); permission to re-re-amend Particulars of Claim refused; application for adjournment refused.

Orders

  • Refusal of adjournment
  • Refusal of permission to re-re-amend Particulars of Claim