Poroshenko v British Broadcasting Corporation [2019] EWHC 213 (QB) (07 February 2019)

Poroshenko v British Broadcasting Corporation [2019] EWHC 213 (QB) (07 February 2019)

Both Reports convey that the Claimant procured or authorised a corrupt payment of $400,000 to Michael Cohen to extend a brief meeting into more substantial talks with President Trump. The Reports present allegations at Chase Level 1, with insufficient antidote to counter the defamatory impact. The ordinary reasonable reader/viewer would conclude the Claimant was personally involved in the payment.

Citation
[2019] EWHC 213
Parties
Claimant: Petro Poroshenko; Defendant: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
07 February 2019
Procedural Posture
Libel / Preliminary Issue Trial on Meaning
Outcome
Meaning determined as a preliminary issue; costs order against Claimant for BBC's application.
Legal Topics
Libel, Natural and Ordinary Meaning, Chase Levels, Bane and Antidote, Preliminary Issue, Costs
Defamation Media Law Libel Natural and Ordinary Meaning Chase Levels Bane and Antidote Preliminary Issue Costs

Case Brief

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Parties

Petro Poroshenko

Claimant

British Broadcasting Corporation

Defendant

Procedural Posture

Libel / Preliminary Issue Trial on Meaning

Legal Issues

  1. 1 What is the natural and ordinary meaning of the Television and Website Reports?
  2. 2 Did the Reports allege that the Claimant procured or authorised a corrupt payment to Michael Cohen?
  3. 3 Should the meaning be determined as a preliminary issue?

Ratio Decidendi

Both Reports convey that the Claimant procured or authorised a corrupt payment of $400,000 to Michael Cohen to extend a brief meeting into more substantial talks with President Trump. The Reports present allegations at Chase Level 1, with insufficient antidote to counter the defamatory impact. The ordinary reasonable reader/viewer would conclude the Claimant was personally involved in the payment.

Court Disposition

Meaning determined as a preliminary issue; costs order against Claimant for BBC's application.

Orders

  • The meaning of both Reports is: 'the Claimant had procured or authorised a corrupt payment of $400,000 to be made to Michael Cohen, the personal lawyer of Donald Trump, to extend a brief meeting between the Claimant and President Trump, that had already been agreed, into more substantial talks.'
  • Claimant to pay the costs of and occasioned by the BBC's Application, including all correspondence after 5 October 2018.