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Defamation Act 2013 s 9: no waiver of jurisdictional challenge for failure to use CPR Pt 11; domicile, serious harm and Jameel abuse considered (Al Sadik v Sadik)

Published on: 22 October 2019

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Al Sadik (also known as Al Sadek and Sadik) v Sadik [2019] EWHC 2717 (QB); [2019] All ER (D) 116 (Oct)

What are the practical implications of this case?

This ruling is striking as one of the few authorities to grapple with DA 2013, s 9. It follows Wright v Ver earlier this year, only the second case to squarely address the wording and effect of that provision (see News Analysis: Court rules on operation of section 9 of the Defamation Act 2013 (Wright v Ver)).

In this dispute, the court examined how DA 2013, s 9 sits alongside CPR Pt 11—asking, in particular, whether a defendant who fails to use CPR Pt 11’s procedure to challenge jurisdiction thereby gives up the right to advance a jurisdictional objection under DA 2013, s 9. The court decided there is no such waiver. It stressed that DA 2013, s 9(2) is expressed in mandatory terms, and a purported ‘waiver’ arising from non-compliance with CPR Pt 11 cannot endow the court with jurisdiction to hear proceedings that, because of DA 2013, s 9, would otherwise be outside its competence...

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