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Lonzim Plc & others v Sprague
Comment
This is one of those rare cases where the court was prepared to find the criteria for abuse of process set out in Jameel v Dow Jones satisfied. Tugendhat J's application of the principles in Al Amoudi v Brisard and Jameel to a case involving internet publication and an individual defendant based outside the jurisdiction who was not the commercial publisher of the relevant website contains some salutary lessons. In particular, the court emphasised the importance of obtaining solid evidence pointing towards substantial publication within the jurisdiction. As regards the slander claim, the judge makes some interesting observations about freedom of expression in the context of meetings of company shareholders: see para 33.
Areas of work
Defamation
Foreign Jurisdictions
Injunctive Relief