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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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