Poroshenko v British Broadcasting Corporation

Poroshenko v British Broadcasting Corporation

Both the Television and Website Reports bear the meaning that the Claimant had 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. The Reports present this as a factual allegation, not merely suspicion, and the denials are insufficient to counter the overall message of guilt.

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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Petro Poroshenko

Claimant

British Broadcasting Corporation

Defendant

Procedural Posture

Libel / Preliminary Issue on Meaning

Legal Issues

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

Ratio Decidendi

Both the Television and Website Reports bear the meaning that the Claimant had 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. The Reports present this as a factual allegation, not merely suspicion, and the denials are insufficient to counter the overall message of guilt.

Court Disposition

Meaning determined as 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 into more substantial talks.
  • The Claimant shall pay the costs of and occasioned by the BBC’s Application for a preliminary issue, including all correspondence after 5 October 2018.