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Journalist wins ‘kleptocrat’ book High Court libel case

alokVerma by alokVerma
March 2, 2022
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By Dominic Casciani

Home and proper correspondent

Image source, PA Media

Image caption,

Mr Burgis talked about he used to enjoy the courtroom action had failed

A libel speak introduced by a post-Soviet mining giant in opposition to a journalist’s e book about soiled money and corruption has been pushed apart by a High Court docket.

Tom Burgis confronted potentially colossal damages over his e book, Kleptopia.

However make a choice Mr Justice Nicklin stopped the case after finding the speak in opposition to the author to be wholly unsuitable.

Mr Burgis’ publisher talked about the case had been an try to make employ of correct and monetary firepower to silence public hobby journalism.

In the e book, Mr Burgis – a Monetary Times journalist – charts how he says soiled money is linked to corruption and is now “flooding the world economy, emboldening dictators [and] poisoning democracies”.

Among its reviews, the e book parts Kazakhstan-based utterly mostly Eurasian Pure Resources Company (ENRC), a mining company with pursuits across the world.

Attorneys for ENRC claimed in courtroom that Mr Burgis has defamed the corporation since the exact which components of section of his e book used to be that the corporate had three men murdered to provide protection to its commerce pursuits.

Andrew Caldecott QC, for Mr Burgis and HarperCollins publishers, informed the courtroom: “That is now not a Non-public Judge about nudge-nudge e book.

“It’s now not a e book that pulls its punches in any respect. The theme is ready thieves and their money – masters and their secrecy – and it reveals how the thieves are uniting and the abominable human mark.”

In a ruling stopping the case, Mr Justice Nicklin talked about he had read the e book for himself before pondering the case papers, so he could well obtain a scrutinize admire diverse different strange reader.

He talked about that ENRC’s speak used to be now not sustainable due to the every reader would know that simplest contributors can commit slay, in preference to corporations.

That early ruling intended the case could well now not proceed to a beefy libel trial – and the make a choice awarded £50,000 in prices in opposition to ENRC, while additionally refusing it permission to attraction.

Talking exterior courtroom, Mr Burgis talked about: “I wrote a e book about what I deem is the perfect risk to freedom right now time: the upward thrust of kleptocracy. I’m pleased that this try to censor Kleptopia has failed.”

He then all over again amassed faces a second libel action over an editorial printed within the Monetary Times concerning to his investigation.

A spokesman for HarperCollins described the case as “lawfare” – correct action that poses such huge monetary dangers to a defendant it has the make of silencing them or making them withdraw.

“HarperCollins is committed to publishing high fantastic investigative non-fiction and to defending our authors within the face of correct attacks from folk that could well well see to make employ of the UK courts to silence them.

“It’s grossly unfair that but all over again HarperCollins and our author hang had to risk gargantuan correct prices and personal liability defending public hobby journalism.”

However a spokesman for ENRC talked about the case had been pretty introduced and insisted there had been colossal pain to its reputation due to the the e book.

“The independence of the British judiciary stays the UK’s perfect defence of our democracy and our shared liberal values,” talked about the spokesman.

“It’s regretful to hang witnessed a rising try to mischaracterise our sensible and proportionate steps to defend our reputation via the courts.

“Now we hang maintained all the way via that we utterly enhance the media’s genuine to file pretty and objectively on issues, including on our contain commerce.”

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