- Service out of the jurisdiction in defamation and GDPR claims (Soriano v Forensic News LLC and others)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Service out: libel
- Service out: EU GDPR
- Case details
TMT analysis: The Court of Appeal has confirmed that section 9 of the Defamation Act 2013 (DA 2013) should be treated as a modification of the forum conveniens test for defamation claims and is not a distinct parallel regime. The court further held that in terms of claims under the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (the EU GDPR), on a proper application of Article 3 and forum conveniens principles to the facts of the case, the judge below had been wrong to find that the claimant’s case did not meet the merits test element for granting permission to serve a claim on a defendant outside the jurisdiction. Written by David Mitchell, barrister at 39 Essex Chambers.
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