No ‘waiver’ of right to challenge jurisdiction in defamation claim (Al Sadik v Sadik)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Ground 1
• Ground 2
• Ground 3
• Case details

Article summary

TMT analysis: The High Court has dismissed an application for summary judgment or strike out of this defamation claim, which concerned a number of messages sent to a family WhatsApp group accusing the claimant of dishonesty and of perjuring himself. The court considered the relationship between section 9 of Defamation Act 2013 (DA 2013) and CPR Pt 11, finding that a failure to follow CPR Pt 11 procedure did not result in the defendant waiving its right to challenge jurisdiction under DA 2013, s 9. The court nonetheless held that the claimant had a realistic prospect of demonstrating that the defendant was domiciled in the UK at the relevant time and therefore, that it would have jurisdiction.