International Defamation Claims
Defamation doesn't respect national borders. Whether you've been defamed by an overseas publisher, need to enforce a UK judgment abroad, or face a cross-border online attack, our specialist solicitors can advise you on jurisdiction, strategy, and enforcement.
When Defamation Crosses Borders
The internet has made cross-border defamation a growing area of UK litigation. A defamatory article published in the United States, a social media post originating in the Middle East, or a business review posted from Europe can all cause serious harm to a person's reputation in England and Wales.
The Defamation Act 2013 introduced section 9, which requires the court to be satisfied that England and Wales is "clearly the most appropriate place" to bring a claim against a person domiciled outside the UK, EU, or Lugano Convention states. This replaced the previous, more permissive approach that had earned London the unwanted title of "libel capital of the world."
Despite this higher threshold, UK courts remain an effective forum for international claims — particularly where the claimant's reputation, business, or readership is concentrated here. Our solicitors have extensive experience navigating jurisdictional challenges, serving proceedings abroad under the Hague Convention, and enforcing judgments in foreign courts.
Key Considerations for International Claims
- Jurisdiction: Can the claim be brought in England and Wales? The s.9 "most appropriate place" test and the rules on service out of the jurisdiction are critical.
- Applicable law: Which country's defamation law applies? The Rome II Regulation (retained in UK law post-Brexit) generally points to the law of the country where damage occurs.
- Service abroad: Proceedings must be validly served on overseas defendants — via the Hague Convention, bilateral treaties, or direct methods permitted by the relevant foreign law.
- Enforcement: A UK judgment is only useful if it can be enforced. We advise on recognition under the Brussels/Lugano regime, the Hague Convention on Choice of Court Agreements, and common-law enforcement routes.
- The SPEECH Act: US courts will not enforce UK defamation judgments unless the claim would also succeed under the First Amendment. This is a critical consideration for claims involving US-based defendants.
International Defamation Guides
In-depth articles covering the key issues in cross-border defamation litigation.
Cross-Border Enforcement of Defamation Judgments
How UK defamation judgments are recognised and enforced in foreign jurisdictions.
Section 9: The Jurisdiction Gateway
Understanding the 'most appropriate place' test for claims against non-UK defendants.
UK vs US Defamation Law
Key differences between English and American defamation law, including the SPEECH Act.
Libel Tourism and the UK Courts
How the Defamation Act 2013 curtailed forum shopping and its impact on cross-border claims.
Serving Proceedings on Foreign Defendants
Routes for serving defamation claims abroad — Hague Convention, bilateral treaties, and direct service.
Online Defamation Across Borders
When internet publications originating overseas cause serious harm to UK-based reputations.