Berezovsky v Russian Television & Radio Broadcasting Company & Anor

Berezovsky v Russian Television & Radio Broadcasting Company & Anor

The First Defendant failed to provide cogent evidence that Pyotr is a state-protected witness under Russian law, and thus failed to discharge the burden required to justify declining jurisdiction. The court has jurisdiction as the alleged tort occurred within England and the parties are resident here.

Parties
Claimant: Boris Berezovsky; First Defendant: The Russian Television and Radio Broadcasting Company; Second Defendant: Vladimir Terluk
Jurisdiction
England and Wales
Judgment Date
31 July 2008
Procedural Posture
Libel Action / Application to Decline Jurisdiction
Outcome
Application to decline jurisdiction dismissed
Legal Topics
Jurisdiction, State Protection of Witnesses, Libel Tourism, Fair Trial
Defamation Private International Law Jurisdiction State Protection of Witnesses Libel Tourism Fair Trial

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 Decline Jurisdiction

Legal Issues

  1. 1 Whether the court should decline jurisdiction over a libel claim due to alleged non-justiciability based on Russian law protecting witness identity
  2. 2 Whether Pyotr (Vladimir Terluk) is a state-protected witness under Russian law
  3. 3 Whether the First Defendant would be unable to have a fair trial due to restrictions on identifying Pyotr

Ratio Decidendi

The First Defendant failed to provide cogent evidence that Pyotr is a state-protected witness under Russian law, and thus failed to discharge the burden required to justify declining jurisdiction. The court has jurisdiction as the alleged tort occurred within England and the parties are resident here.

Court Disposition

Application to decline jurisdiction dismissed

Orders

  • Matter allowed to continue
  • First Defendant may make a further application if stronger evidence is produced