Libel and Defamation Cases: Cost to Public Funds

Lord Rooker Excerpts

Monday 14th June 2021 Lords Chamber

Asked by

[Lord Rooker]

To ask Her Majesty’s Government what is the estimated cost to public funds of people based outside the United Kingdom using UK courts to mount libel and defamation cases against (1) people, and (2) publications, based in the United Kingdom.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Wolfson of Tredegar) (Con)]

My Lords, court fees are set to achieve full cost recovery, and thus the cost to public funds of libel claims brought by people from outside the United Kingdom in England and Wales is negligible.

[Lord Rooker (Lab)]

Is the Minister aware that five Russian billionaires are involved in a strategic lawsuit in London against the journalist Catherine Belton as a result of her book, Putin’s People? Why should Igor Sechin, Roman Abramovich, Mikhail Fridman, Petr Aven and Shalva Chigirinsky be using London lawyers Carter-Ruck, CMS, Harbottle and Lewis and Taylor Wessing to silence a journalist? These grubby law firms should be struck off and the barristers whom they are paying to do this work should be disbarred. Our courts are being abused by these people, and as Nick Cohen said in the Observer, they are making London

“the censorship capital of the world.”

What are the Government doing about the co-ordinated, shameful abuse of our courts, which must have started life in the Kremlin?

[Lord Wolfson of Tredegar (Con)]

My Lords, it is not what the Government are doing but what the Government have done. Section 9 of the Defamation Act 2013 provides that if a defendant is domiciled out of the jurisdiction then London can hear the case only if the judge is clear that this is the appropriate forum. That Act also contains defences of truth, honest opinion and public interest.

--- Later in debate ---

[Lord Pannick (CB)]

My Lords, the Written Question tabled by the noble Lord, Lord Rooker, focused on the cost to public funds, which the Minister fully answered. The Oral Question contains an attack on barristers and solicitors for representing clients. Does the Minister agree that any litigant, whoever they may be and wherever they may come from, is entitled to legal advice and representation, and that it is the job of the judge to decide what the legal rights and wrongs are?

[Lord Rooker (Lab)]

They have vested interests.

[Lord Wolfson of Tredegar (Con)]

My Lords, that is absolutely right. With respect to the comment of the noble Lord, Lord Rooker, from a sedentary position, it is not a vested interest point, it is a fundamental principle of the rule of law. A lawyer should not be identified with their client, and perhaps I may say that I would not want to be identified with all my former clients. But they are all entitled to representation in free and fair courts, which is what this country provides.