Cases

King v Lewis & Others (CA)

Comment

This appeal was disposed of on the narrow ground that Eady J had not erred in the exercise of his discretion. The Court emphasised again that the application of the Spiliada principles was a matter for the judge and that appeals should be discouraged unless a clear error of law could be shown. Whilst strictly obiter, the balance of the judgment provides a careful analysis of the application of the Spiliada principles in the context of Internet defamation claims. The Court endorsed the orthodox approach shown in the High Court of Australia’s decision in Gutnick v Dow Jones. Internet publications fell to be considered against fundamental principles of defamation law. Publication took place where the material was read or downloaded. Where the Claimant had a reputation to protect in the jurisdiction, there was no bar to his suing in England & Wales, which would be recognised as the natural forum for the dispute.

Areas of work

Defamation
Foreign Jurisdictions
Sports Law

Also