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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

Birketts—four appointments

Birketts—four appointments

Firm expands partnership with four lateral hires across key practice areas

Harper James—Lottie Hugo

Harper James—Lottie Hugo

Commercial law firm announces appointment of corporate partner

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joins corporate and finance practice in British Virgin Islands

NEWS
Serial sperm donor Robert Albon has lost his bid for a declaration of paternity, ‘on the ground that to grant it would manifestly be contrary to public policy’
The government is considering wholesale reform of consumer class actions—the ‘opt-out’ collective claims certified by the Competition Appeals Tribunal (CAT)
A ‘sophisticated suspected fraud’ may have taken place at PM Law involving the improper removal and misuse of about £39.5m of client funds, the Solicitors Regulation Authority (SRA) has confirmed
The Serious Fraud Office (SFO) will invest in technology to catch tech-reliant fraudsters and handle voluminous case materials
Law firms enjoyed rapid growth in 2025, according to a Financial Benchmarking Survey, published by the Law Society last week
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