Posts Tagged ‘libel’
Russia: London libel case against Browder distracts attention from truth about Magnitsky’s death in detention – See more at: http://www.article19.org/resources.php/resource/37179/en/russia:-london-libel-case-against-browder-distracts-attention-from-truth-about-magnitsky%E2%80%99s-death-in-detention#sthash.B9dwAWc1.dpuf
Sergei Magnitsky, a Russian whistleblower, who died in pre-trial detention in 2009, was recently found guilty, posthumously, of tax fraud offences. Despite clear objections by his family, the Russian Prosecutor’s Office put Magnitsky on trial posthumously under special provisions in Russian law. This week, his colleague, William Browder, who was tried and convicted in the same trial, is contending libel allegations in the High Court in London. ARTICLE 19 is concerned that the libel case against Browder deflects attention from finding the truth about Magnitsky’s death.
“The libel case against William Browder is adding insult to injury. It is absolutely reprehensible that William Browder should be pursued in this fashion in the High Court of England and Wales. ARTICLE 19 calls on the judge to dismiss the case in the strongest terms possible,” stated Dr Agnes Callamard, Executive Director, ARTICLE 19.
On 16 November 2009, whistleblower Sergei Magnitskiy died in pre-trial detention under suspicious circumstances, indicating that this was the result of torture or other ill-treatment. In 2007, Magnitsky uncovered a £150m (220m USD) tax fraud scheme run by officials from the Russian interior ministry. However, he was later arrested and charged with running the fraud himself. Sergei was then investigated by the exact same police official against whom the allegations had been made.
“To date, the circumstances of Magnitky’s death and the arbitrary criminal charges brought against him have not been effectively and impartially investigated by the Russian authorities,” added Callamard. ”We are extremely concerned that Russian officials are not focusing on investigating the circumstances of Magnitsky’s death and bringing those responsible to justice, but rather on those speaking out about his case and those involved in it.”
The case of Sergei Magnitsky is the highest profile example of what can happen to someone who blows the whistle about corruption and wrong-doing by the Russian authorities. It is absurd that the Russian authorities continue with their campaign to punish Sergei for his allegations even after his death.
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Libel tourism dealt blow as Russian case is thrown out
Libel tourism suffered a serious setback yesterday when a judge threw out a claim by a Russian against a British-based fund manager.
Bill Browder, who successfully led a campaign for sanctions against Russians involved in a $230 million fraud, had been accused by Pavel Karpov, 36, of ruining his reputation.
Mr Browder had alleged that the Russian was behind a large-scale fraud on the Russian taxpayer and linked to the death of Sergei Magnitsky, an anti-corruption activist.
The case has been described as one of the worst examples of libel tourism, in which foreign nationals with little connection to Britain make use of the High Court to settle disputes.
Striking out the action yesterday, Mr Justice Simon said: “The claimant’s connection with this country is exiguous.” Russia, he added, was “the natural forum” for the litigation.
Mr Karpov, a former policeman, was trying to sue over allegations on a campaigning website run by Mr Browder, 49, the chief executive of Hermitage Capital Management. Mr Browder has become a hate figure within the Russian establishment after he persuaded the US Congress last year to adopt the Magnitsky Act. This imposed sanctions on Russians — including Mr Karpov — alleged to have been involved in the $230 million fraud and also with the death of Mr Magnitsky, an accountant and auditor Mr Browder employed to investigate the fraud.
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Judges dismiss wealthy foreigners’ libel cases
Lawyers have proclaimed the “death knell” of libel tourism after High Court judges threw out two cases brought by wealthy foreigners concerning claims published abroad.
London has been named “the libel capital of the world” due to the number of claims brought by foreign nationals complaining about allegations in non-British publications that have been viewed just a handful of times in the UK.
But two rulings have led lawyers to suggest that judges are seeking to curb such a use of the English courts.
One of the libel claims was brought by a Serbian tobacco distributor, Stanko Subotic. He brought the case over allegations published outside the UK and written in Serbian and Montenegrin, which suggested that he was a criminal mastermind linked to murder.
Mr Justice Dingemans threw out the case, describing the two-year libel claim as an “abuse of process”.
Mr Justice Dingemans rejected Mr Subotic’s claim because the articles had been read by very few people in the UK, adding that it “really has nothing to do with his reputation in England and Wales and everything to do with his reputation in the Balkans”.
The judge said that dismissing a libel case as an abuse of process was a “draconian” step used only in exceptional circumstances. However, he said that allowing the case to proceed risked “disproportionate and unnecessary interference with freedom of expression”.
Mr Subotic was attempting to use London’s High Court to sue Ratko Knezevic, a former Montenegrin trade official, over allegations that appeared in five Serbian or Montenegrin-language publications. Hard copies were not officially circulated in England and Wales.
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The verdict that finally goes against libel tourism: Fatal blow for individuals with little or no link to UK trying to bring claims
The use of the English courts by individuals with little or no link to the United Kingdom to bring expensive libel proceedings was dealt a likely fatal blow yesterday after judges threw out two defamation suits brought by foreign claimants.
Bill Browder, the millionaire hedge fund owner who has led the campaign for justice over the death of lawyer Sergei Magnitsky, won the dismissal of the case brought against him by a former Russian police officer accused of playing a part in the 2009 death of the tax adviser while in custody.
Mr Justice Simon, sitting in the High Court, struck out the lawsuit brought by Pavel Karpov, a retired interior ministry investigator, after ruling that he “cannot establish a reputation” in England which would justify his claim that he was libelled by Mr Browder being heard in this country.
Lawyers said the ruling, which accompanied a separate judgment throwing out a defamation suit brought by a Serbian tobacco magnate on similar grounds, sets a precedent which will make it far more difficult for litigants who are unknown in Britain to use the courts to seek libel damages.
The practice of so-called “libel tourism”, under which international claimants have been able to file cases in London for alleged libels principally committed outside the UK, was already due to become more restricted when the 2013 Defamation Act comes into force.
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HowardKennedyFsi Wins in Landmark Libel Case
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.
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Libel claim over Magnitsky death struck out
A British hedge fund manager saw a long-running libel action brought by a former Russian Interior Ministry investigator struck out by a High Court judge on Monday.
Hedge fund chief Bill Browder, had been accused by Pavel Karpov, 36, of ruining his reputation by alleging the Russian was behind a massive fraud on the Russian taxpayer.
Mr Browder was also being sued for allegedly linking Mr Karpov to the brutal death of anti-corruption activist Sergei Magnitsky.
But striking out the action, Mr Justice Simon said: “The claimaint cannot establish a reputation within this jurisdiction sufficient to establish a real and substantial tort… his connection with this country is exiguous.”
Russia was “the natural forum” for the litigation, the judgment read.
“Taking all these matters into account…I have concluded that these proceedings should be struck out as abuse of the process and/or under inherent jurisdiction.”
Mr Browder, 49, the chief executive of Hermitage Capital Management, appeared relieved as the decision was announced today.
Mr Karpov had earlier admitted he did not possess adequate funds to pursue the case, leading Browder’s lawyers to suggest the court “cannot be satisfied that the Russian state is not behind the claims in some way”.
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UK judge throws out libel case against Bill Browder
A High Court judge has thrown out a libel lawsuit brought by a Russian former policeman against Bill Browder, the UK-based fund manager behind the US Magnitsky Act.
Mr Browder had become a hate figure for the Russian leadership after lobbying Congress to adopt the Magnitsky law last year. The law imposed sanctions on Russians allegedly involved in a $230m fraud and the death in custody of Sergei Magnitsky, a lawyer Mr Browder had employed to investigate it.
The defamation case had been brought in London by ex-policeman Pavel Karpov, who was attempting to sue over allegations on a campaigning website run by Mr Browder.
Magnitsky died in a Russian jail four years ago but he was convicted of tax evasion this year in a posthumous trial in Russia that drew widespread criticism in the west.
Mr Browder’s lawyers had applied to the High Court to have Mr Karpov’s lawsuit struck out before trial.
On Monday Mr Justice Simon did just that, ruling Mr Karpov “cannot establish a reputation within this jurisdiction” to bring the lawsuit.
The judge said Mr Karpov’s connection with Britain is “exiguous” and Russia rather was “the natural forum” to bring the lawsuit as the “connection with [the UK] is limited”.
Mr Browder’s campaign had accused Mr Karpov of being involved both in the fraud and of being among police who arranged for Magnitsky’s arrest and alleged torture in jail. Mr Karpov’s libel writ said those claims were false.
The judge’s decision is significant because it underscores the growing challenge to people with only a weak link to London bringing libel claims there.
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Britain’s High Court throws out libel suit related to dead Russian lawyer Sergei Magnitsky
Britain’s High Court on Monday threw out a libel case brought by a former Russian police officer against a London-based financier who is a fierce critic of corruption in Russia.
Retired policeman Pavel Karpov sued Hermitage Capital Management and its chief executive, William Browder, who has accused Karpov of being part of a network of corrupt officials complicit in the death of a Russian lawyer, Sergei Magnitsky.
Judge Peregrine Simon dismissed the suit, ruling that Karpov had only minor links to Britain and “there is a degree of artificiality about his seeking to protect his reputation in this country.”
Browder called the judgment a victory against so-called libel tourism — the practice of litigants taking cases to court in Britain, even when there is no strong link to the country, because the British legal system is perceived as friendly to their claims.
“I think this is a precedent-setting case,” Browder said “If you are a dubious foreign chancer, this precedent makes it much less likely you will succeed in the libel courts.”
The case is part of the labyrinthine saga surrounding the death of Magnitsky, a Russian lawyer hired by Hermitage Capital, who accused Russian police officials of stealing $230 million in tax rebates after illegally seizing Hermitage subsidiaries.
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Libel suit over Magnitsky allegations challenged in London court
British investment fund manager Bill Browder has asked a London court to throw out a libel suit brought against him by a Russian former police officer who denies allegations that he played a part in the death of the lawyer Sergei Magnitsky, court documents show.
Pavel Karpov, a former Russian Interior Ministry investigator who is on the “Magnitsky list” of people barred from the United States over the lawyer’s death, is suing Browder over four videos and two articles linking Karpov to the case.
Magnitsky, who was acting for Browder and his Hermitage Capital Management at the time, was arrested after accusing Russian officials of a $230-million fraud, and died in prison in suspicious circumstances.
He was posthumously found guilty of tax evasion by a Moscow court on July 11 this year and Browder was convicted in absentia and sentenced to nine years in jail in the same trial, which was criticised by both the United States and the European Union.
Browder’s campaign to vindicate Magnitsky helped to bring about the U.S. Magnitsky Act, which bars Russians suspected of involvement in the lawyer’s death from the United States and freezes their assets there.
During a two-day hearing at the London High Court, which Browder attended, his lawyers argued that Karpov’s libel suit against him was an abuse of process.
“An avowed purpose of (Karpov) in pursuing the claims, to attack his inclusion on the United States government’s Magnitsky list, is not an appropriate use of the process of the court,” the lawyers wrote in a document presented to the judge.
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