Freeman and Anor v Leveille [2018] JRC 235 (20 December 2018)

Freeman and Anor v Leveille [2018] JRC 235 (20 December 2018)

Although the allegations in the Amended Order of Justice meet the seriousness threshold for defamation, the publication was minimal (to the editor and possibly his assistant), the plaintiffs have no connection to Jersey, and there is no evidence of damage within the jurisdiction. Applying the Jameel principle, no real and substantial tort occurred, and the action is an abuse of process. Summary judgment is granted for the defendant.

Citation
[2018] JRC 235
Parties
Plaintiff: Plaintiffs (names not specified, first plaintiff from Guatemala, second from Australia); Defendant: Genevieve Leveille
Jurisdiction
Jersey
Judgment Date
20 December 2018
Procedural Posture
Defamation / Reverse Summary Judgment Application by Defendant
Outcome
Application granted; plaintiffs' claim dismissed by summary judgment.
Legal Topics
Defamation, Summary Judgment, Qualified Privilege, Jurisdiction, Abuse of Process
Tort Media Law Defamation Summary Judgment Qualified Privilege Jurisdiction Abuse of Process

Case Brief

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Parties

Plaintiffs (names not specified, first plaintiff from Guatemala, second from Australia)

Plaintiff

Genevieve Leveille

Defendant

Procedural Posture

Defamation / Reverse Summary Judgment Application by Defendant

Legal Issues

  1. 1 Whether the plaintiffs' defamation claim meets the threshold of seriousness required for actionable defamation in Jersey
  2. 2 Whether the minimal publication within the jurisdiction constitutes a real and substantial tort justifying a trial
  3. 3 Whether the defence of qualified privilege applies

Ratio Decidendi

Although the allegations in the Amended Order of Justice meet the seriousness threshold for defamation, the publication was minimal (to the editor and possibly his assistant), the plaintiffs have no connection to Jersey, and there is no evidence of damage within the jurisdiction. Applying the Jameel principle, no real and substantial tort occurred, and the action is an abuse of process. Summary judgment is granted for the defendant.

Court Disposition

Application granted; plaintiffs' claim dismissed by summary judgment.

Orders

  • Plaintiffs' defamation action dismissed; no trial required.