Summary
At a jurisdiction and summary judgment hearing, a claimant need show a real, rather than fanciful, prospect of success and a good arguable case on the relevant gateway. The court should avoid a mini-trial, while deciding suitable points of law and rejecting unsupported factual assertions.
For internet malicious falsehood, publication occurs where content is accessed. Foreign law may ordinarily be presumed to correspond with English law at the jurisdiction stage unless the defendant shows a material difference. There is no freestanding substantive rule preventing a malicious falsehood claim for foreign publication where a jurisdictional gateway is otherwise satisfied. Forum suitability requires a practical assessment of the whole dispute, including access to justice and equality of arms.
Factual background
Qatar Airways Group alleged that a television and internet video concerning the Qatar air blockade conveyed false and threatening messages about the risk of interception or destruction of Qatar Airways aircraft. It brought claims in malicious falsehood, conspiracy, unlawful interference with business and related torts against four media companies.
The foreign defendants challenged service out, contending that there was no serious issue to be tried, that the claims were inadequately pleaded or time-barred, that the gateways were unavailable, and that the UAE was the appropriate forum. The UK defendant separately sought strike out and summary judgment.
Held
- Disposition. The claims against Middle East News UK Limited were struck out and dismissed by summary judgment. The UAE defendants’ challenge to service out was dismissed. Permission was granted to amend the Particulars of Claim in the proposed form, except for the Communications Act 2003 claim and the claims against the UK defendant. The limitation position concerning the joinder of Al Arabiya News Channel FZ LLC remained open.
- Serious issue to be tried. The court applied the Part 24 approach. The claimant had to show a realistic prospect of success, but the court should avoid a mini-trial and normally should not resolve conflicting factual evidence without disclosure and cross-examination. Points of law suitable for determination could be decided summarily.
- Malicious falsehood. The tort required falsity, reference to or concern for the claimant or its business, malice and special damage, subject to Defamation Act 1952, s 3. A substantial number of viewers could understand the video to convey a risk to Qatar Airways passengers and that such action was permitted by international law. The competing evidence concerning the video’s creation and the alleged involvement of senior figures raised a triable issue and was not fanciful.
- Foreign law and publication. At the jurisdiction stage, the claimant could rely on the presumption that foreign law was materially the same as English law, unless the defendant contended and showed otherwise. Internet publication occurred when content was accessed, rather than when it was uploaded. The court rejected the suggested freestanding substantive rule that malicious falsehood claims must be confined to English publications.
- Procedure and gateways. Adding a party before service under CPR 17.1 was not necessarily a nullity after limitation had expired; the opposing party could seek relief under CPR 17.2, with limitation issues managed later. CPR 19.5(3)(a) permitted substitution for a party named by mistake, not addition of a new party. The tort, injunction and connected-claims gateways were satisfied on the evidence.
- Forum. England was the proper forum. Although the UAE courts were regarded as independent and fair, the political circumstances created serious access-to-justice and equality-of-arms disadvantages for the claimant. England had substantial connections through publication, loss, witnesses, applicable procedures and neutrality.
- Full and frank disclosure. The alleged omissions on the without-notice application were immaterial. The claimant’s solicitor had acted properly and fairly.
The court’s approach to earlier authorities
Available to signed-in members.
Key cases cited
29 authorities cited.
- Unwired Planet International Ltd and another v Huawei Technologies (UK) Co Ltd and another [2020] UKSC 37
- Vedanta Resources PLC and another v Lungowe and others [2019] UKSC 20
- AK Investment CJSC v Kyrgyz Mobil Tel Limited and others (Isle of Man) [2011] UKPC 7
- Roberts v Gill & Co Solicitors and others [2010] UKSC 22
- Berezovsky v Michaels (Glouchkov v Michaels, Berezovsky v Forbes Inc, Glouchkov v Forbes Inc) [2000] 1 WLR 1004
- FS Cairo (Nile Plaza) LLC v Brownlie [2020] EWCA Civ 996
- Best Friends Group & Anor (t/a Best Friends) v Barclays Bank Plc [2018] EWCA Civ 601
- Okpabi & Ors v Royal Dutch Shell Plc & Anor (Rev 1) [2018] EWCA Civ 191
- Godfrey Morgan Solicitors (A Firm) v Armes [2017] EWCA Civ 323
- Belhaj & Anor v Straw & Ors [2014] EWCA Civ 1394
- OPO v MLA & Anor [2014] EWCA Civ 1277
- Tesla Motors Ltd & Anor v British Broadcasting Corporation (BBC) [2013] EWCA Civ 152
- Deripaska v Cherney [2009] EWCA Civ 849
- Dow Jones & Co Inc v Jameel [2005] EWCA Civ 75
- Lewis & Ors v King [2004] EWCA Civ 1329
- Peck Williams Trade Supplies Ltd & Ors [2020] EWHC 966 (QB)
- Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 459 (TCC)
- Alsaifi v Trinity Mirror plc [2019] EMLR 1
- MX1 Ltd & Anor v Farahzad [2018] EWHC 1041 (Ch)
- Huda v Wells [2018] EMLR 7
- Eli Lilly & Co & Ors v Genentech Inc [2017] EWHC 3104 (Pat)
- Al Jaber v Al Ibrahim [2016] EWHC 1989 (Comm)
- Karpov v Browder & Ors [2013] EWHC 3071 (QB)
- Erste Group Bank AG (London Branch) v JSC "VMZ Red October" [2013] EWHC 2926 (Comm)
- Trumm v Norman [2008] EWHC 116 (QB)
- Amoudi v Brisard & Anor [2006] EWHC 1062 (QB)
- Richardson v Schwarzenegger [2004] EWHC 2422 (QB)
- McDonalds Hamburgers Ltd v BurgerKing (UK) Ltd [1986] FSR 45
- Shapiro v La Morta (1923) TLR 201
Sign in to see how the court treated each authority. A free account is enough.
Cases citing this case
11 later cases · 9 positive · 2 caution
Most senior citing decisions:
- FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45 approved
- Idowu Ogunkami v Cynthia Chia [2026] EWCA Civ 588 explained
- Durnont Enterprises Limited v Fazita Investment Limited & Ors [2026] EWHC 405 (Ch) applied
- Office Properties PL Limited (in liquidation) & Ors v Adcamp LLP & Anor [2025] EWHC 170 (Ch)
- Commercial Bank of Dubai PSC & Ors v Abdalla Juma Majid Al Sari & Ors [2024] EWHC 3304 (Comm)
- Nicole Daedone & Ors. v BBC [2023] EWHC 106 (KB)
- DR FATIMA JABBAR v AVIVA INSURANCE UK LIMITED [2022] EWHC 1383 (QB)
- PJSC BANK “FINANCE AND CREDIT” & Anor v KOSTYANTIN VALENTYNOVICH ZHEVAGO & Ors [2021] EWHC 2522 (Ch)
- Various Claimants v G4S Plc [2021] EWHC 524 (Ch)
- Nimer v United Al Saqer Group LLC & Ors [2021] EWHC 50 (QB)
Sign in for the full treatment table, including the other 1 cases. A free account is enough.