Courts will be given new powers to stop Russian oligarchs “abusing” the UK legal system to silence critics under reforms announced by the Government.
The series of measures take aim at so-called Strategic Lawsuits Against Public Participation (SLAPPs).
They include a new tool allowing courts to throw out meritless claims quicker and a cap on costs to prevent the super-rich from “bullying” journalists with the threat of expensive litigation, the Ministry of Justice (MoJ) said.
SLAPPs usually involve using legal action to try to stop journalists or campaigners from exposing wrongdoing under defamation and privacy laws.
The targets often receive a “barrage of aggressive legal letters” and retract stories before the cases make it to court for fear of the sky-high costs involved, according to the MoJ.
Deputy Prime Minister Dominic Raab said: “We won’t let those bankrolling Putin exploit the UK’s legal jurisdiction to muzzle their critics.
“So today, I’m announcing reforms to uphold freedom of speech, end the abuse of our justice system, and defend those who bravely shine a light on corruption.”
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Under the reforms, courts will be able to more quickly dismiss baseless claims, which they will identify through a new three-part check.
The test will assess whether the case is against activity in the public interest – such as a fraud investigation; whether there was evidence of abuse of process – such as threatening correspondence; and whether the case has sufficient merit.
The new cost protection scheme is set to “level the playing field between wealthy claimants with deep pockets and defendants” by shielding defendants from crippling costs.
The move comes after the High Court earlier this year dismissed a libel claim brought by Kazakh mining giant Eurasian Natural Resources Corporation (ENRC) against Financial Times journalist Tom Burgis about passages in his book Kleptopia: How Dirty Money Is Conquering The World.
Michelle Stanistreet, general secretary of the National Union of Journalists, said: “Publication of these proposals is a significant step in tackling the deployment of SLAPPs and other forms of lawfare designed to stymie journalistic investigations.”
