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Mohammed Hussein Al Amoudi v (1) Jean Charles Brisard (2) JCB Consulting International Sarl

A claimant in a libel action on an internet publication was not entitled to rely on a presumption of law that there had been substantial publication, so it was for the claimant to prove that the material in question had been accessed and downloaded.

30 June 2006

The applicant businessman (M) applied to strike out the defence of the respondents (B) in a libel action or alternatively for summary judgment in his favour. M was prominent and respected in international business and well known in the major financial centres of the world. His claim related to two publications on B’s website. M claimed that extracts from the publications were defamatory, that B owned and maintained a website that at all material times was open to general access by any user of the internet, and that B had published or caused to be published the words complained of on the internet to a substantial, but unquantifiable number of readers in the jurisdiction. B argued that the words complained of were not downloaded within the jurisdiction, but in any event, if they had been, they were downloaded by lawyers acting for M or for others named in the publications and so could not be relied upon. M argued that there was a presumption that the words complained of were publish...

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