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

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

The natural and ordinary meaning of both the Television and Website Reports is that the claimant procured or authorised a corrupt payment of $400,000 to Michael Cohen, the personal lawyer of Donald Trump, to extend a brief meeting into more substantial talks, amounting to a direct allegation of serious corruption (Chase Level 1). The denials were insufficient to counteract the overwhelming message of guilt. The claimant's conduct in resisting the preliminary issue application was obstructive and wasteful, justifying an order for costs against him.

Citation
[2019] EWHC 213 (QB)
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
Judgment for the claimant on meaning; costs order against claimant for preliminary issue application.
Legal Topics
Libel, Meaning in Defamation, Preliminary Issues, Costs Orders
Defamation Media Law Libel Meaning in Defamation Preliminary Issues Costs Orders

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 for the purposes of the libel claim?
  2. 2 Should the claimant pay the costs of the defendant's application for a preliminary issue trial?

Ratio Decidendi

The natural and ordinary meaning of both the Television and Website Reports is that the claimant procured or authorised a corrupt payment of $400,000 to Michael Cohen, the personal lawyer of Donald Trump, to extend a brief meeting into more substantial talks, amounting to a direct allegation of serious corruption (Chase Level 1). The denials were insufficient to counteract the overwhelming message of guilt. The claimant's conduct in resisting the preliminary issue application was obstructive and wasteful, justifying an order for costs against him.

Court Disposition

Judgment for the claimant on meaning; costs order against claimant for preliminary issue application.

Orders

  • The meaning of both Reports is that the claimant procured or authorised a corrupt payment of $400,000 to Michael Cohen to extend a meeting with President Trump into more substantial talks.
  • The claimant shall pay the costs of and occasioned by the BBC's application for a preliminary issue trial, including all correspondence after 5 October 2018.