14
October

HowardKennedyFsi Wins in Landmark Libel Case

Howard Kennedy FSI

HowardKennedyFsi [HKFsi] partners Mark Stephens & Sue Thackeray, have successfully struck out a landmark High Court libel case before Mr Justice Peregrine Simon who, in his Judgment released today, redefined what constitutes “a real and substantial tort” in libel claims in the UK. This will decision will act as a real disincentive to libel tourists using London to launder their reputations.

Acting for the defendants in Karpov V. Browder, Hermitage & others, HKFsi faced a High Court battle in relation to claims of defamation brought by former Russian cop Pavel Karpov in relation to allegations that appeared on a campaigning website run by Mr Browder.

Mr Browder, a UK based fund manager, had retained his Russian lawyer, Sergei Magnitsky to investigate a massive tax fraud. Magnitsky fingered a Russian crime gang. He was later detained and died in custody.
The US response was impressive with President Obama – with unprecedented bi-partisan support – passing the Sergei Magnitsky Rule of Law Accountability Act of 2012. The Act imposed sanctions on Russians allegedly involved in a $230m fraud including Karpov.

Judge Peregrine Simon’s response was equally robust dismissing Pavel Karpov’s claims as an abusive use of the English courts.

Partners Mark Stephens and Sue Thackeray acted on behalf of HowardKennedyFsi and instructed Mr Antony White QC and Mr Catrin Evans from Matrix Chambers and One Brick Court (respectively). The claimant was represented by Geraldine Proudler of Olswang who instructed Mr Andrew Caldecott QC and Mr Ian Helme from One Brick Court.

Mark Stephens, Partner at HKFsi said: “Today Mr Justice Peregrine Simon in the High Court redefined, for the first time since the Human Rights Act, what constitutes “a real and substantial tort” in libel claims. What is now to be known as the “Karpov principle” has expanded the Common Law’s notion of abuse in libel tourism cases and goes significantly further than the new Libel Act 2013.” He added, “ this decision will act as a serious disincentive for libel tourists to see this as their destination of choice. For too long crooks, brigands and those with only the most tenuous connections to the UK have been able to come here in order to launder their reputations’ in our courts. Well no more!”

Sue Thackeray said: “Our clients are over the moon with the decision. This is particularly significant as it will strengthen the 2013 Defamation Act which is likely to make it increasingly difficult for international claimants to come to the UK and subject others to the sort of torment that Mr Browder has been subjected. We very much welcome Mr Justice Simon’s Judgment and what it means for the UK courts in general.” быстрые займы на карту микрозаймы онлайн https://zp-pdl.com/online-payday-loans-cash-advances.php https://zp-pdl.com/get-quick-online-payday-loan-now.php займы онлайн на карту срочно

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