Vladimir Sloutsker v Olga Romanova
| Jurisdiction | England & Wales |
| Judge | Mr Justice Warby |
| Judgment Date | 16 July 2015 |
| Neutral Citation | [2015] EWHC 2053 (QB) |
| Docket Number | Case No: HQ12D04716 |
| Court | Queen's Bench Division |
| Date | 16 July 2015 |
[2015] EWHC 2053 (QB)
Mr Justice Warby
Case No: HQ12D04716
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Adrienne Page QC (instructed by Hamlins LLP) for the Claimant
The defendant, a litigant in person, did not appear and was not represented
Hearing date: 13 July 2015
Judgment Approved by the court for handing down (subject to editorial corrections)
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A. Introduction
This judgment deals with remedies in this libel action, following the entry of judgment in default of Defence. The judgment contains and explains my assessment of the damages to which the claimant is entitled for what I consider to be serious libels of him published by the defendant. I also give my reasons for granting the claimant's application for an injunction prohibiting the defendant from further publication of the libels in this jurisdiction. My conclusions on these issues are summarised in section F at [98] below. The reasons for reaching those conclusions are contained in sections D and E.
Before addressing those issues, however, I need to set out something of the procedural history of this action. It is necessary to make clear how the case has reached this remedies hearing. I then need to explain why I have proceeded to hear evidence and argument and reach a decision on remedies, despite assertions made recently in a letter written to the court by the defendant on 19 June 2015. In that letter she complains that she has been unable effectively to defend this action, and that the justice system has "let her down".
Having carefully considered what the defendant has said in support of those complaints, and heard Ms Page QC for the claimant in response, I have concluded, for the reasons given below, that the complaints are unfounded. In my judgment the defendant has had a full and fair opportunity to defend herself in these proceedings. She has not taken that opportunity, and this remedies judgment is the consequence. I summarise my reasons for that conclusion at [73] below.
B. The Procedural History
Events up to 5 March 2015
The following is a summary. A more detailed account can be found in my judgment of 5 March 2015, [2015] EWHC 545 (QB) ("my March judgment").
The claimant is a Russian citizen, a businessman, who was a Senator in the Senate of the Russian Federation from 2002 to 2010. In April 2011 he emigrated from Russia to Israel, where he has lived since. The defendant is a Russian journalist who writes for the Novaya Gazeta newspaper, and contributes to other publications. She is married to Alexei Kozlov, a businessman who was formerly an employee of a company owned by the claimant. Alexei Kozlov was prosecuted, convicted and imprisoned in Russia for stealing assets from a company owned by the claimant.
In April 2012 solicitors instructed by the claimant complained of a number of publications by the defendant, which they described as a "campaign" of "false and highly defamatory allegations" published in this jurisdiction as well as in Russia including, among other things, allegations of involvement in murder plots, corrupting judges, and perverting the course of justice. The defendant instructed iLaw solicitors, who responded stating among other things that they had no instructions to accept service. Proceedings were issued on 4 January 2013.
The claim form and Particulars of Claim complain of four publications: (1) A blog post written by the defendant on the website of the Moscow-based radio station Echo Moscow ("the Blogpost"); (2) & (3) two articles quoting the defendant published on the Russian website gazeta.ru ("the Second and Third Articles"); and (4) a programme broadcast on Radio Liberty ("the Programme").
The Blogpost and the Second and Third Articles were first published on 15 November 2011. The Programme was broadcast on 15 March 2012. All are said to have remained available online ever since. The statements of case complain in addition of the republication of the defamatory sting of the Blogpost and the Second Article on third party websites.
The defamatory meanings complained of are:
i) "that the Claimant had put a contract out for the murder of Alexei Kozlov, which was to be carried out whilst Mr Kozlov was being transferred to prison" (the Blogpost).
ii) "that the Claimant had ordered the fabrication of evidence in the criminal prosecution of Alexei Kozlov and had put a contract out for the murder of Mr Kozlov, which was to be carried out whilst Mr Kozlov was being transferred to prison" (the Second Article);
iii) "that the Claimant had threatened to kill Alexei Kozlov and had put a contract out for his murder, which was to be carried out whilst Mr Kozlov was being transferred to prison" (the Third Article); and
iv) "that the Claimant had by means of bribes corrupted the head of the Presnensky Court, Evgeny Mikhailovich Naidenov, the public prosecutor and Judge hearing the appeal in Alexei Kozlov's case, Judge Vasyuchenko, and had issued instructions to them that Mr Kozlov's sentence of imprisonment was to be increased at his appeal hearing (whereas otherwise he would have been released) and was thereby guilty of an horrific perversion of the course of justice." (The Programme).
Service of proceedings in Russia can be a slow process. These proceedings were however brought to the defendant's attention in October 2013 by a summons from a Moscow court. The documents reached her, or her husband, in Moscow in July 2014. An acknowledgment of service disputing jurisdiction was filed on the defendant's behalf by iLaw on 24 July 2014. In September 2014 the defendant applied to set aside service. She submitted that the court should decline jurisdiction and/or that she had not been validly served. In support of that application she made a witness statement dated 5 September 2014.
On 12 January 2015, the defendant parted company with her solicitors. They wrote a letter on her behalf dated 13 January 2015, setting out her position and inviting the court to set aside service. Although iLaw were no longer acting for the defendant her address for service remained that of the solicitors. She has confirmed in the letter of 19 June that, as one would expect, they passed on correspondence from the claimant's solicitors. The claimant's solicitors have confirmed service on her of their client's applications, evidence and submissions, and all orders that the court has made. But between 13 January and 19 June 2015 there had been no response at all from the defendant, who had not engaged with the proceedings in any way.
The defendant did not attend or send anyone to represent her at the hearing of her application on 27 February 2015. At the conclusion of that hearing I reserved judgment. In my March judgment I ruled against the defendant. I summarised all my conclusions in paragraph [100] —[101] where I said this of the application to set aside.
"I have concluded that the claim involves a real and substantial tort in this jurisdiction, and that England is clearly the appropriate place in which to try the claim. I have found that the steps taken by the claimant brought about service of the proceedings on the defendant in October 2013, which was valid and effective under Russian law and the CPR.
Next steps
The proceedings can now continue… "
As to conducting proceedings here I said this at paragraph [80]:
"Conducting proceedings here will naturally pose challenges for the defendant, and for the court. The evidence in the claimant's exhibits suggests that there may be large disparities in resources. It is said that the defendant cannot afford representation. But that is not supported by evidence. In any event, I do not consider the difficulties to be insuperable. I consider on the evidence presently before me that the defendant can and will be given a fair opportunity to defend herself in this court and will not be prevented from putting forward any case that it is reasonably open to her to advance."
Events since 5 March 2015
I handed down my March judgment in the absence of the parties. By an order of 5 March 2015, made of my own initiative, I directed the claimant's solicitors to serve the defendant with a copy of my judgment and order. I gave the claimant a week to put in written submissions on what form of order was appropriate, and what directions should be given. I gave the defendant two weeks after that to respond in writing and, if so advised, to seek permission to appeal. I extended her time for seeking permission to appeal for over a week, until 27 March 2015. I extended time for service of a Defence until after this procedural timetable had been completed, and decisions reached on the appropriate form of order and directions. All of this was served on the Defendant. The order stated that she had the right to apply to set aside or vary the order by way of an application in writing within 7 days. The substance of all of these directions was repeated in the judgment at paragraph [101]. The defendant made no application.
On 12 March 2015, the claimant made written submissions as to the form of order and directions applying, among other things, for an order that the defendant serve a Defence by 17 April 2015. The defendant did not respond in any way. On 13 March 2015 I declined to order service of a Defence on the date requested. I said this in my written reasons:
"I have not granted the order sought for service of a Defence by 17 April as I consider the defendant should have an opportunity to respond on that point, and on the issue of directions generally, as well as the other...
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