Mincione (claimant/appellant) v Gedi Gruppo Editoriale Spa (defendant/respondent)
Thursday 24 March 2022
The Claimant appeals from the order of Tipples J dated 27/5/21 declaring that under CPR 11 the Court has no jurisdiction to hear C’s claim for injunctive relief preventing publication in England and Wales of statements online (internet injunction) or an order under s 12 Defamation Act 2013 requiring D to publish online a summary of the judgment (internet s 12 order).
The claim for internet injunction and internet s 12 order is struck out.
Tipples J ruled that where a claimant has brought libel proceedings against a defendant not domiciled in the jurisdiction for harm suffered here the Court has no jurisdiction, following trial, to grant final injunctive relief restraining online publication here or to make an order requiring online publication of a summary of the judgment.
The effect of the ruling is that if C’s claims succeed the remedies will be limited to:
-an award of damages;
-final injunctive relief restraining hard copy repetition of the libels here;
-a section 12 order requiring publication of a summary of the judgment here (by way of hard copy publication and/or email to subscribers).
C complains that the remedies will be so limited even though each of the four articles and two videos complained of in these proceedings remain online and accessible from England and Wales.
C complains that the Court will thereby be acting contrary to its duty to act compatibly with C’s Article 8 rights.