Cases

Polanski v Conde Nast Publications Ltd (HL)

Held

Allowing the Appeal (by a 3-2 majority): (1) As between the parties the order was correctly made and the respondent would suffer no prejudice from the evidence being given by VCF. (2) There was a strong public interest in allowing a claim which had properly been made in this country to be properly and fairly litigated here. (3) The Claimant would continue to be a fugitive from justice irrespective of whether the VCF order was made. All a refusal would do would be to deprive him of his right to vindicate his civil rights in the courts of England and Wales. (4) In the circumstances there were acceptable grounds for acceding to a VCF order. Lord Slynn and Lord Carswell dissented on the basis that the public policy requirement of satisfying the criminal sentence was no less important than the desirability of Polanski suing in libel.

Also