Berezovsky v Russian Television and Radio Broadcasting Co & Anor [2009] EWHC 1733 (QB) (14 July 2009)

Berezovsky v Russian Television and Radio Broadcasting Co & Anor [2009] EWHC 1733 (QB) (14 July 2009)

The judgment was set aside because, despite the Second Defendant's lack of promptness, the seriousness of the allegations and the public interest in a fair hearing of the justification defence outweighed the delay. The court found it desirable that the merits of the defence be fully investigated and that vindication in a libel action should not rest solely on a default judgment.

Citation
[2009] EWHC 1733
Parties
Claimant: Boris Berezovsky; First Defendant: The Russian Television and Radio Broadcasting Company; Second Defendant: Vladimir Terluk
Jurisdiction
England and Wales
Judgment Date
14 July 2009
Procedural Posture
Libel Action / Application to Set Aside Default Judgment Under CPR 13.3
Outcome
Judgment set aside
Legal Topics
Default Judgment, Setting Aside Judgment, Justification Defence, Promptness in Applications
Defamation Civil Procedure Default Judgment Setting Aside Judgment Justification Defence Promptness in Applications

Case Brief

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Parties

Boris Berezovsky

Claimant

The Russian Television and Radio Broadcasting Company

First Defendant

Vladimir Terluk

Second Defendant

Procedural Posture

Libel Action / Application to Set Aside Default Judgment Under CPR 13.3

Legal Issues

  1. 1 Whether the default judgment against the Second Defendant should be set aside under CPR 13.3
  2. 2 Whether the Second Defendant has a real prospect of successfully defending the claim
  3. 3 Whether there is any other good reason to allow the defendant to defend

Ratio Decidendi

The judgment was set aside because, despite the Second Defendant's lack of promptness, the seriousness of the allegations and the public interest in a fair hearing of the justification defence outweighed the delay. The court found it desirable that the merits of the defence be fully investigated and that vindication in a libel action should not rest solely on a default judgment.

Court Disposition

Judgment set aside

Orders

  • Default judgment against the Second Defendant set aside
  • Second Defendant to serve a statement of case setting out the basis for his defence of justification promptly