Cases

Mahfouz and another v Brisard & another

Facts

Cs alleged that they had been defamed in a book written by the Ds which reported that they had supported terrorism. D2 never acknowledged service. D1 did so and denied responsibility in law for publication to readers in England and Wales since, although he entered into a contract in October 2002 authorising his French publisher to put into circulation the French edition and any translation anywhere in the world, there was a second contract in March 2003 between the French publisher and a US publisher excluding publication in the UK. At an earlier hearing Tugendhat J heard and ruled that the contracts provided no basis for a defence: [2005] All ER (D) 174 (Sep). Cs applied for summary disposal under ss8-10 Defamation Act 1996.

Also