“We had a post about the US action last month in which we commented that, bearing in mind Mrs Trump’s status as a “public figure”, it was going to be very difficult for her to succeed in her US libel proceedings.
We drew attention, however, to the very different position in England and Wales where the burden is on the defendant to prove truth. There is no question of staying the proceedings on the basis of forum non conveniens because Associated Newspapers Limited is an English company and there is, therefore, an absolute right for a claimant to sue it in the courts of this country under Article 2 of the Brussels Convention (see the decision of the CJEU in Owusu v Jackson  QB 801)
The main hurdle for the claimant to overcome is that of showing that the statement caused or is likely to cause “serious harm to reputation” (see generally, this post). We will report on the further progress of this libel action in due course.”