Cases

Berezovsky & Another v Forbes Inc & Another

Held

Dismissing F's appeal: (1) The Court of Appeal had acted within its discretion. (2) F should have produced its evidence before the Court of Appeal; it had now waited too long. (3) (Lords Hoffman and Hope of Craighead dissenting), England and Wales was the appropriate forum for trial of the action. Contrary to F’s submissions, the publication of a trans-national libel in England was a separate tort allowing for a claim in this jurisdiction. Where leave to serve out of the jurisdiction was required, the burden was on the plaintiff to demonstrate that this was the most appropriate forum for trial of the action, although prima facie the jurisdiction in which a tort was committed would be the natural forum. On the evidence B and G had significant connections with England and Wales and reputations to protect there. Given B and G’s lack of reputation in the USA and the lack of publication in Russia, the Court of Appeal’s decision was correct and the trial of the action would proceed.

Also