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Sheikha Mouza al Misnad v Azzaman Ltd & Others
Comment
The facts of the case are unusual, but the decision suggests that the balancing process under a Reynolds defence envisaged by the House of Lords includes a recognition of what Lord Nicholls termed "local conditions" ([2001] 2 AC 127, 201h). Eady J made similar allowances in Lukowiak v Unidad Editorial SA [2001] EMLR 1043 when assessing a Reynolds defence. Separately, the Judge expressed reluctance to grant summary judgment on the basis of the presumption that English Law was the same as various Middle East countries (see University of Glasgow v The Economist [1997] EMLR 495).
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