GB News

[Alan Harper's Tash]

it was published in the UK (and probably many other nations). What matters is where the tweet was accessed, not where it was made

Doesn’t Neil live in France?

 

[Mr Kobayashi]

it was published in the UK (and probably many other nations). What matters is where the tweet was accessed, not where it was made

I'm not sure it is clear cut as that. The Guido Fawkes blog uses this argument to avoid being classed as a UK based publisher.

Are there any notable cases of US nationals resident in their home country being brought before the UK court?

Any notable winning libel actions in the same circumstances?

 

[Chris in London]

Doesn’t Neil live in France?

doesn't matter. if it was accessed here it actionable here. where it was first accessed is neither here nor there.

 

[Chris in London]

I'm not sure it is clear cut as that. The Guido Fawkes blog uses this argument to avoid being classed as a UK based publisher.

Are there any notable cases of US nationals resident in their home country being brought before the UK court?

Any notable winning libel actions in the same circumstances?

Plenty. google is your friend.

Or believe Guido Fawkes, your call.

 

[Mr Kobayashi]

Plenty. google is your friend.

Or believe Guido Fawkes, your call.

Okay but it is still subject to the most appropriate forum test. Neil is domiciled in France and has a residence in the USA.
A man of his wealth not be prevented from bringing libel action in the USA or France and be prevented from getting access to justice.

 

[Didsbury Dave]

Neil is going absolutely mad. Threatening the whole internet with legal action at the moment.

 

[Chris in London]

Okay but it is still subject to the most appropriate forum test. Neil is domiciled in France and has a residence in the USA.
A man of his wealth not be prevented from bringing libel action in the USA or France and be prevented from getting access to justice.

Sure, but the fact that you can sue elsewhere doesn't mean you have to. Showing the English court is not an appropriate form is very much an uphill struggle.

 

[I'm With Stupid]

Okay but it is still subject to the most appropriate forum test. Neil is domiciled in France and has a residence in the USA.
A man of his wealth not be prevented from bringing libel action in the USA or France and be prevented from getting access to justice.

I remember a while back there was a lot of controversy about people who weren't even from the UK suing other people who weren't from the UK for libel in the UK courts because they have stronger protections that most other countries. I'm not sure exactly how it worked though, and I don't know if it's been stopped since then.

 

[Chris in London]

Neil is going absolutely mad. Threatening the whole internet with legal action at the moment.

In fairness he went mad some time ago

 

[Mr Kobayashi]

Sure, but the fact that you can sue elsewhere doesn't mean you have to. Showing the English court is not an appropriate form is very much an uphill struggle.

That seems to be the direction of travel for the law from the journal article I have been reading. Whilst Neil is the most well known in the UK it is easy to make the argument he is forum shopping, he has the means to go after her in the USA.