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Berezovsky & Another v Forbes Inc & Another
Comment
A leading - and somewhat controversial - case on forum in libel actions, demonstrating the English courts' willingness to apply the Albaforth line of authority to libel claims and accept jurisdiction wherever it appears that there has been real damage to reputation here. Lords Hoffman and Hope dissented on the ground that the Court of Appeal should not have interfered with the decision of Popplewell J in the High Court. He had not, they said, misdirected himself in law, and the new evidence presented in the Court of Appeal would not have affected his decision. Lord Hoffman described Berezovsky and Grouchkov as forum shoppers and felt that the English courts should not indulge them. The interesting question of how forum issues are affected by the Internet was left unresolved.