Practice

Defamation - service of a claim for out of jurisdiction - application to set asideBerezovsky v Michaels and Another: Glouchkov v Same: HL (Lord Steyn, Lord Nolan, Lord Hoffmann, Lord Hope of Craighead and Lord Hobhouse of Woodborough): 11 May 2000

The claimants, two prominent Russian businessmen who had been the subject of an article by an American magazine alleging that their activities in Russia were corrupt, sought to bring an action for defamation in London against the defendants, the magazine's editor and publishers, confined to the damage to their reputation in England caused by the sale of the magazine within the jurisdiction.

Both claimants claimed substantial connections with England.

The master gave them leave to serve the writ on the defendants in New York under RSC Ord 11, rr 1(1) 4(2).

The judge quashed that order after finding that the claimants' connections with England were tenuous but, after receiving fresh evidence, the Court of Appeal restored the master's order.

The defendants appealed.Geoffrey Robertson QC, Adrienne Page QC and Thomas Beazley (instructed by Biddle) for the defendants.

Desmond Browne QC and Justin Rushbrooke (instructed by Peter Carter-Ruck and Partners) for the claimants.Held, that the publication in England of an internationally disseminated libel constituted a separate tort and so permitted the bringing of an action in England in respect of the publication therein; that where the defendant was outside the jurisdiction the burden was on the plaintiff to show that England was clearly the appropriate forum in which the case should be tried in the interests of all the parties and the ends of justice, with regard being had to the principle that the jurisdiction in which a tort was committed was prima facie the natural forum for the dispute; that, dismissing the appeals (Lord Hoffmann and Lord Hope of Craighead dissenting) the Court of Appeal had been entitled to make a fresh finding that the claimants had significant connections with the jurisdiction and that England was the appropriate forum; and that, accordingly, the action could proceed.

(WLR)