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12 September 2013
Issue: 7575 / Categories: Case law , Procedure & practice
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Practice

Carr v Penman [2013] EWHC 2679 (QB), [2013] All ER (D) 18 (Sep)

It was settled law that when a court was considering whether service out of the jurisdiction either should be permitted or should have been permitted, the focus of the inquiry was whether the court should assume jurisdiction over the dispute. The court had to be satisfied that:

(i) there was a serious issue to be tried;

(ii) there was a good arguable case;

(iii) the court had jurisdiction to hear it; and

(iv) England was clearly the appropriate forum.

Further, in determining whether there had been a real and substantial tort committed in the jurisdiction, in order to deal with cases justly, proportionately and to maintain a proper balance between the right to freedom of expression and the protection of other rights, the court was required to stop as an abuse of process defamation proceedings which served no legitimate purpose. The test had been expressed in a number of different ways, namely, whether ‘the game is worth the candle’ or whether there was any prospect

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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