Jurisdiction(s):
United Kingdom

Internet libel: English courts lack jurisdiction for injunctions or s 12 orders on mosaic claims; CPR 11 partial challenges and geo‑blocking considered (Mincione v GEDI)

Published on: 30 July 2021

Published by a LexisNexis TMT expert

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Article summary

Mincione v Gedi Gruppo Editoriale SpA [2021] EWHC 2006 (QB) What are the practical implications of this case?

The ruling offers practical insight for practitioners on procedure and substance. On the procedural front, it intimates that a defendant may contest the court’s jurisdiction under CPR 11(1) in relation to only part of a claim, not merely the whole. Although, on a literal reading, CPR 11(1) does not appear to authorise such a partial challenge, the notes in Civil Procedure 2021 (Volume 1) (the White Book) suggest—albeit without authority—that it can be done. Tipples J voiced reservations because of the wording of CPR 11(1), particularly when contrasted with a provision like CPR 24.2(a). Nevertheless, as the claimant did not take the point, the court proceeded on the footing that jurisdiction existed.

The judgment also addresses timing. Where the jurisdictional issue turns on a crisp point of law and could dispose of the application, it may properly be determined pre-trial—especially where deferring the issue would risk uncertainty or needless expense.

Substantively, the judgment provides guidance...

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