Davison v Habeeb & Ors [2011] EWHC 3031 (QB) (25 November 2011)

Davison v Habeeb & Ors [2011] EWHC 3031 (QB) (25 November 2011)

The claimant failed to establish a real and substantial tort within the jurisdiction because publication was only shown to five individuals, none of whom knew the claimant, and no worthwhile vindication could be obtained. Therefore, the order permitting service out of the jurisdiction against Google Inc. was set aside. However, it was arguable that Google Inc. could be a publisher at common law after notification, but this did not affect the outcome given the lack of substantial publication.

Citation
[2011] EWHC 3031 (QB)
Parties
Claimant: Andrea Davison; Defendant: Sameh Habeeb; Defendant: Peter Eyre; Defendant: Gordon Bowden; Defendant: The Palestine Telegraph Newspapers Ltd; Defendant: Google Inc.; Defendant: Google UK Ltd
Jurisdiction
England and Wales
Judgment Date
25 November 2011
Procedural Posture
Defamation/libel Claim / Interlocutory Application to Set Aside Service Out of Jurisdiction and Challenge to Jurisdiction
Outcome
Order permitting service out of jurisdiction against Google Inc. set aside; court has no jurisdiction to try the claim against Google Inc.
Legal Topics
Defamation Liability of Internet Platforms, Jurisdiction for Service Out of the Jurisdiction, Electronic Commerce Regulations, Publisher Liability, Freedom of Expression Vs. Reputation
Defamation Tort Internet Law Civil Procedure Defamation Liability of Internet Platforms Jurisdiction for Service Out of the Jurisdiction Electronic Commerce Regulations Publisher Liability +1 more

Case Brief

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Parties

Andrea Davison

Claimant

Sameh Habeeb

Defendant

Peter Eyre

Defendant

Gordon Bowden

Defendant

The Palestine Telegraph Newspapers Ltd

Defendant

Google Inc.

Defendant

Google UK Ltd

Defendant

Procedural Posture

Defamation/libel Claim / Interlocutory Application to Set Aside Service Out of Jurisdiction and Challenge to Jurisdiction

Legal Issues

  1. 1 Whether the claimant established a real and substantial tort within the jurisdiction for service out against Google Inc.
  2. 2 Whether Google Inc. is a publisher at common law of the allegedly defamatory material hosted on Blogger.com
  3. 3 Whether Google Inc. is entitled to immunity under Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002

Ratio Decidendi

The claimant failed to establish a real and substantial tort within the jurisdiction because publication was only shown to five individuals, none of whom knew the claimant, and no worthwhile vindication could be obtained. Therefore, the order permitting service out of the jurisdiction against Google Inc. was set aside. However, it was arguable that Google Inc. could be a publisher at common law after notification, but this did not affect the outcome given the lack of substantial publication.

Court Disposition

Order permitting service out of jurisdiction against Google Inc. set aside; court has no jurisdiction to try the claim against Google Inc.

Orders

  • Order of Master McCloud set aside as against Google Inc.
  • Claim against Google Inc. dismissed for lack of real and substantial tort within the jurisdiction.