Lawfare and UK Court System — House of Commons, 2022-01-20
Topic: Law and Crime
David Michael Davis (Conservative, Centre-right): I beg to move, That this House has considered the matter of lawfare and the UK court system I am grateful to Mr Speaker for his having issued a waiver for this debate. I of course recognise why it is important that Members of this House do not seek to influence the outcome of cases that are before the courts, and if these matters were before a jury, I would be wary of raising them, but they are matters of national importance and I am grateful for the opportunity to raise them We are rightly proud of our legal system in this country. Britain is home to some of the fairest and best courts in the world. Centuries of jurisprudence mean that London is among the most respected cities from a legal perspective. However, what is attractive to legitimate businessmen is also attractive to those with nefarious intentions: there are those with exceptionally deep pockets and exceptionally questionable ethics. These people use our justice system to threaten, intimidate and put the fear of God into British journalists, citizens, officials and media organisations. What results is injustice, intimidation, suppression of free speech, the crushing of a free press, bullying and bankruptcy. It results in protection from investigation and gives encouragement to fraudsters, crooks and money launderers. It has turned London into the global capital of dirty money. In extreme cases, it can undermine the security of the state by allowing people to act as extensions of foreign powers This is lawfare—lawfare against British freedom of speech, lawfare against the freedom of the press, and lawfare against justice for our citizens. Lawfare is the misuse of legal systems and principles by extraordinarily rich individuals and organisations to destroy their critics and opponents. In many cases, our reporters face reputational and financial ruin in defending themselves from these malevolent cases; even if they win, the expense and impact are huge. The chilling effect on a free press is extraordinary. Some newspapers hesitate to cover certain topics, such as the influence of Russian oligarchs, for fear of costly litigation. In at least one case I know, the publication avoids the subject outright These sorts of cases, designed to silence criticism, are so prolific that they now have an acronym: SLAPPs, which stands for strategic litigation against public participation. Such lawsuits are based on laws on defamation, privacy, data protection and—ironically—harassment. In the UK the cost of defending a case, no matter how well sourced and how great the public interest, can run into millions of pounds. These cases are so time-consuming and costly because a disclosure process before trial can be dragged out by deep-pocketed claimants for years to financially hobble the defendant, even before they get to the ruling The issue is not just the financial and reputational damage inflicted by these cases; lives are also being destroyed. Defendants are unable to work. Every waking moment is spent looking over their shoulders, wondering who or what is just around the corner. This is not about legitimate recourse against journalists making mistakes—because, as we know in this House, they can and they do; it is about shutting down scrutiny through fear Early in 2021, Russian Opposition leader Alexei Navalny published a video investigation into President Putin’s palace on the Black sea. In the video, he waved a copy of "Putin’s People" by Catherine Belton, a much respected Financial Times journalist at the time. Just two months later, Belton and her publisher were suddenly served with a series of lawsuits, filed over the course of six weeks by four Russian billionaires and the state-run company Rosneft—that, I think, gives away that the Russian state is involved Media lawyers with decades of experience in such cases said that they had never seen a legal onslaught of such scale and intensity. Those cases dragged on for over a year, and the cost of that year alone ran into the millions—£1.5 million for Catherine Belton alone. If the case had gone on, it would have cost millions more One of those suing Belton—the final one—was Roman Abramovich, the multi-billionaire owner of Chelsea football club. Abramovich claimed that Belton’s book alleged that he had a corrupt relationship with the Russian President and was making payments into Kremlin slush funds. An identical suit was also filed in an Australian court by Abramovich, to effectively double the cost of defending the case and to further intimidate HarperCollins It is worth reminding people of Mr Abramovich’s background and the character of the man. We are speaking here of the man who manages President Putin’s private economic affairs, according to the Spanish national intelligence committee. This is a man who was refused a Swiss residency permit, due to suspected involvement in money laundering and contacts with criminal organisations. Abramovich was also deemed a danger to public security and a reputational risk to Switzerland Abramovich initially came to the UK on an investor visa. In 2015, the Home Office tightened the rules around those visas, so that applicants could be required to prove the origins of their wealth. In 2018, when his visa was up for renewal, Abramovich withdrew the application. When he bought Chelsea FC, Abramovich was the governor of the Chukotka region of Russia. It was alleged by associates of his that the purchase was done at the behest of the Kremlin. As a result of the purchase, he now has enormous soft power and influence in the UK. I ask the House to come to its own conclusion about whether this man is acting at the behest of the Kremlin or Putin’s Government Belton’s case is now settled. Interestingly, there was a huge spin to suggest that Abramovich had won hands down, and he had not, but that is another matter. But for her colleague on the Financial Times, Tom Burgis, the author of "Kleptopia: How Dirty Money is Conquering the World", his legal battles are just beginning. Burgis is being sued by the Eurasian Natural Resources Corporation, a privately owned Kazakh multinational mining company. Since April 2013, ENRC has been under investigation by our Serious Fraud Office for fraud, bribery and corruption. The investigation is one of the longest-running and most complicated cases that the SFO has on its books. This case, and its reporting, has prompted a wave of legal proceedings by ENRC in the United States and the UK against journalists, lawyers and Serious Fraud Office investigators In May 2015, two former employees of ENRC turned up dead on the same day in a Missouri hotel. They were due to be witnesses in the SFO case. The cause of their death was recorded as malaria, but the chances of two people dying from malaria on the same day and at the same time, broadly—within hours of each other—is vanishingly small. The next year, a geologist associated with the company was found dead in the back of a burned-out Audi in Johannesburg. Burgis outlined these facts in his book, but he is now facing the wrath of ENRC, which alleges that passages in the book are "untrue" and "highly damaging"—the reason? Because ENRC interpreted the reporting of the deaths as Burgis suggesting "murder to protect its business interests, or alternatively, there are strong grounds to ‘suspect’" that ENRC had them murdered Even given the waiver, I should not comment on the substance of the ongoing legal proceedings, but what I will say is that the FBI takes these allegations seriously enough that it is now investigating the Missouri deaths. Take from that what you will, Mr Deputy Speaker Amazingly, when the FT reported the FBI’s action, ENRC then took action against that paper. Are we now to understand that journalists are not allowed to publicly report the deaths of witnesses for fear that someone may deduce that they were murdered by a company like ENRC?