Overseas has long arms or do not want a ride on the Libel Tour in London?

 libel-tour Very often, posting on its website information about a particular person, the author does not think that can be sued in a foreign court in the case of printed libel. Such court may, for example, Queen’s Bench Division of the Supreme Court of the United Kingdom (HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION). The basis for such litigation will generally installed in 1849 in the case of Duke of Brunswick v Harmer (1849) and the principles of review similar cases in the United Kingdom. According to the rules cited each publication defamation may be grounds for a lawsuit, but the principles confer on a person to publish the information obligation to prove that the information is true.

With regard to the Internet is established practice that, under the “publication” means the transfer of information to users other than the person that is involved in the material, and a person can be considered as a legal or natural person. Here it should dissipate the reader puzzled about the prospects of the court in London. Downloading of material on a user’s computer or reading in the UK leads to its publication in the country and hit the jurisdiction of local courts. In order to become a plaintiff to a person who believes that the material contains false information and the publication of damaging his reputation is enough to prove his connection with Britain, which is expressed in the presence of his reputation in this country. That such a rule is established in the Supreme Court of Australia in Dow Jones Inc v Gutnick [2002] HCA 56, which applies in the UK .

As an example, the possibility of serious financial consequences of this situation for the Ukrainian author can bring a court decision in the case Akhmetov vs. Obozrevatel, in which well-known Ukrainian politician Akhmetov beat Internet Explorer edition, the editors and the author of 44,000 euros as compensation for damage caused by information contained in a series of articles published on this site. The court did not stop the facts that the material published in the Ukrainian language and the site is almost never visited the UK. As a possible justification connection with this jurisdiction can result in the arguments used by lawyers Akhmetov in its dispute against the newspaper Kyiv Post: «The plaintiff, who resides in Ukraine is a successful international businessman and a controlling shareholder in SCM, the company that owns a large steel and mining companies (the position because he is well known in the city of London). The plaintiff was added to the list of 214 richest individuals of the world Forbes Rich List in 2007 and is also a member of the Ukrainian parliament. The plaintiff has an international reputation, including England and Wales. He is also well known both in Ukraine and among the Ukrainian community in the jurisdiction of the United Kingdom. SCM has strong business ties with the United Kingdom. ”

As another example, support communications promoter Don King in his dispute with Lennox Lewis in Lewis v. King: «The plaintiff, a U.S. citizen and lives in Florida. It is widely known throughout the world as a promoter of boxers. He is known not only at home but also in the UK. Boxing extremely popular in the United Kingdom “to substantiate the claim lawyers, representing the interests of Rinat Akhmetov, – Akin Gump Strauss Hauer & Feld and Schillings stated:” In those articles said that Mr Akhmetov after graduation led nemirolyubivy way of life, for the first time earned their capital, as a member of the gang, violent and criminal ways, including through bribery, became involved in the massacre and the infliction of suffering man, who refused to pay a large sum of money, along with his brother controlled their own settlement through intimidation, use of weapons and attacks on people in their own apartments, which were then looted and extorted money from the bosses of the Communist Party during the gambling”.

Ability to obtain a favorable court ruling in London on the issue of slander made it a Mecca for the phenomenon, which was called “Libel tourism” and is already causing serious concern in the Parliament and the British government.

Y. Azarov, 25.10.2010

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Tags: libel tour, Libel tourism, Obozrevatel, Rіnat Akhmetov, SCM

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