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26 February 2016
Issue: 7688 / Categories: Legal News
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Next steps for Litvinenko’s widow

Diplomatic fall-out from coroner’s report will be “significant” Alexander Litvinenko’s murderers are unlikely ever to face justice, although the diplomatic fall-out from Sir Robert Owen’s coroner’s report will be “significant”, according to a leading lawyer writing in this week’s NLJ.

Russian dissident and ex-KGB whistleblower Alexander Litvinenko succumbed to a highly toxic radioactive isotope in a London hospital nine years ago. Sir Robert’s report, published last month, formally accused Vladimir Putin of personally authorising Litvinenko’s death, and Russian citizens Andrei Lugovoy and Dmitry Kovtun of executing the terrible deed with a poisoned teapot in a London hotel in 2006. The campaign for justice being waged by Litvinenko’s widow and son may continue, writes Louis Flannery, head of international arbitration at Stephenson Harwood, in this week’s NLJ, although he questions what can actually be done.

The home secretary has said she will place asset freezes against Lugovoy and Kovtun, and apply for their extradition. Interpol and European Arrest Warrants against them are in place. However, both men are in Russia. They could be tried in absentia, Flannery suggests, but their convictions would secure little apart from recognition of their guilt. Flannery notes that Putin enjoys sovereign immunity so that neither a criminal trial nor even a civil suit against him would be possible.

One avenue of justice may remain for Mrs Litivinenko and her son. Flannery writes: “In her first year as a widow, she took Russia to the European Court of Human Rights (ECtHR) for violating her husband’s right to life. “Those proceedings were suspended pending the inquest-turned-inquiry. It is believed that the publication of the report will almost certainly lead to her reactivating them.”

Even if successful, of course, “Russia does not exactly have a record of being a happy payer of judgment debts. There is also the additional problem of the uncertainty in terms of damages. But in principle, there is nothing to stop that process continuing now, and one would expect the ECtHR judges to be sympathetic to the claimants.” (see: Murder most foul)

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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