English law brings end to 'libel tourism'
Enactment of new legislation aims to stop foreigners suing each other in London courts and strengthens the position of respondents
London's reputation as the defamation capital of the world is poised to end after the enactment of a law that strengthens the position of respondents and puts a virtual end to so-called libel tourism.
Powerful foreigners - Russian oligarchs, Arab oil magnates and large corporations - have often brought libel cases against authors, journalists, academics, scientists and bloggers based on the most tenuous of links to England.
Under the new law, claimants wanting to sue people who do not live in Europe will have to prove that England is the most appropriate place for the case. This is designed to stop foreigners suing other foreigners in English courts over, for instance, books or magazines that have sold just a handful of copies there, or websites that have been viewed few times or even not at all.
The new law applies only to England and Wales, because Scotland and Northern Ireland have different systems.
In Hong Kong, leading lawyers did not see any urgency for the city to follow England's cue and change its defamation law, even though Hong Kong's legal framework is based on English common law.
However, it does mean that some English law cases may in future be less relevant to Hong Kong judges if they stem from the new law, senior counsel and former lawmaker Audrey Eu Yuet-mee said.