An end to libel tourism in the UK? The High Court in Subotic and Karpov. Abuse principles sink jurisdiction.

gavc law - geert van calster

Two interesting cases in the High Court on libel tourism, Subotic and Karpov (both held 14 October 2013). The relevance to English libel law is set out by Robert Renfree and by Paul Dacam. Here I just wanted to flag the jurisdictional issues under the Brussels regime.

In Subotic, a Serbian national living in Switzerland, Dingemans J accepted English jurisdiction in principle although it is not entirely clear on what basis. Domicile of the defendant at the time of the initiation of the claim was alleged by claimant to have been England. However defendant disputed such domicile, referring to inferred addresses having been a left-over of earlier study in the UK (but adding complaints about his wife and children’s address in London having been found, whence the dispute on domicile was not entirely clear). Counsel for the defendant also referred to his client having shied away, for costs reasons…

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About Geert van Calster

Geert is an independent legal practitioner and academic. An alumnus of the College of Europe, Bruges (promotion Stefan Zweig), Prof van Calster is the Head of Leuven Law's department of European and international law. Geert is a visiting professor at Monash University (Melbourne) and at the China-EU School of Law in Beijing, and a visiting lecturer at King's College, London. He was previously i.a. a visiting lecturer at Oxford University. He was called to the Bar in 1999 after having worked as of counsel to a City law firm since 1995, and practices in the areas of Private international law /Conflict of Laws; WTO law; (EU) environmental law; and EU economic law.

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