Berezovsky & Anor v Forbes Inc & Anor [2001] EWCA Civ 1251 (31 July, 2001)

Berezovsky & Anor v Forbes Inc & Anor [2001] EWCA Civ 1251 (31 July, 2001)

The article cannot sensibly be read as meaning only suspicion; its thrust is that Berezovsky was responsible for the murder. English law does not allow justification of lesser meanings than the sting of the libel. The judge was right to strike out passages irrelevant to justification, and the appeal is dismissed.

Citation
[2001] EWCA Civ 1251
Parties
Claimant/respondent: Boris Berezovsky; Claimant/respondent: Nikolai Glouchkov; Defendant/appellant: Forbes Inc.; Defendant/appellant: James W. Michaels
Jurisdiction
England and Wales
Procedural Posture
Defamation Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Meaning in Defamation, Qualified Privilege, Justification, Human Rights Act 1998, Freedom of Expression
Defamation Media Law Human Rights Meaning in Defamation Qualified Privilege Justification Human Rights Act 1998 Freedom of Expression

Case Brief

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Parties

Boris Berezovsky

Claimant/respondent

Nikolai Glouchkov

Claimant/respondent

Forbes Inc.

Defendant/appellant

James W. Michaels

Defendant/appellant

Procedural Posture

Defamation Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether lesser meanings pleaded by Forbes are sustainable as defences
  2. 2 Compatibility of English defamation law with Article 10 ECHR
  3. 3 Application of s.5 Defamation Act 1952 to partial justification

Ratio Decidendi

The article cannot sensibly be read as meaning only suspicion; its thrust is that Berezovsky was responsible for the murder. English law does not allow justification of lesser meanings than the sting of the libel. The judge was right to strike out passages irrelevant to justification, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Striking out of pleaded passages upheld
  • Defendants limited to legally relevant pleadings