Parliament working as it should (for once)

This popped up in my twitter feed last night. I doubt if many people will be interested but I'm putting it here for those who might be.

It was about a debate in Parliament yesterday about the problem of wealthy individuals, or organisations, using the British courts to silence critics or investigative journalists by involving them in extremely costly and lengthy litigation to intimidate them into staying silent. Usually by bankrupting them. It has become known as 'Lawfare' (as opposed to 'warfare'.

The twitter link takes you to excerpts from the debate, the Hansard link takes you to the actual debate, which was requested by David Davis (tory) and Liam Byrne (Labour). The debate is an excellent example of parliamentarians working together, regardless of party, to try to effect changes which will put a stop to the legal stifling of freedom of speech and the quashing of criticism.

The English courts (or law?) are notorious for being used by foreign individuals for this purpose.

The Hansard account is long, but the gist of the case can be found in the speeches by Davis and Byrne which introduce the topic.

twitter.com/steveparks/status/1484316067618963460

hansard.parliament.uk/commons/2022-01-20/debates/4F7649B7-2085-4B51-9E8C-32992CFF7726/LawfareAndUKCourtSystem#contribution-61B67511-DA79-44D2-A4DB-A5EFF5E0A4CB

There is particular concern about Russian use of the UK courts and the methods they use to initiate a claim.

Here is part of Davis's opening speech:

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.

I have to say that Davis is rising again in my estimation after his appalling stint as a Brexit Minister.

I'd also note that he and Byrne touch on many elements of the necessity for an independent judiciary that the actual government seem determined to try to do away with...

Some of the stuff they detail is jaw dropping... Like litigation against the Serious Fraud Office...