Banks v Cadwalladr
The natural and ordinary meanings of the publications are: (1) Ted Talk and First Tweet: Mr. Banks told untruths about a secret relationship with the Russian Government in relation to acceptance of foreign funding of electoral campaigns in breach of the law; (2) Convention Speech: Mr. Banks was offered money by the...
Source-derived case information.
- Parties
- Claimant: Arron Banks; Defendant: Carole Cadwalladr
- Jurisdiction
- England and Wales
- Judgment Date
- 12 December 2019
- Procedural Posture
- Defamation / Preliminary Issue Trial as to Meaning
- Outcome
- Court determined the meanings of the four publications for purposes of the next stage of proceedings.
- Legal Topics
- Meaning in Defamation, Chase Levels, Fact Vs Opinion, Innuendo Meaning, Social Media Context
Source-derived case record
Summary, issues, holding and outcome
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Parties
Arron Banks
Claimant
Carole Cadwalladr
Defendant
Procedural Posture
Defamation / Preliminary Issue Trial as to Meaning
Legal Issues
- 1 What is the natural and ordinary meaning of the four publications complained of?
- 2 Do the words bear a Chase level 1, 2, or 3 meaning?
- 3 Are the statements fact or opinion?
Ratio Decidendi
The natural and ordinary meanings of the publications are: (1) Ted Talk and First Tweet: Mr. Banks told untruths about a secret relationship with the Russian Government in relation to acceptance of foreign funding of electoral campaigns in breach of the law; (2) Convention Speech: Mr. Banks was offered money by the Russians and there are substantial grounds to investigate whether he would accept such funds in violation of prohibitions on foreign electoral funding; (3) Second Tweet: There is a proper basis to investigate whether Mr. Banks’ contact with Russia involved any criminal conduct, as with the Italian Lega investigation.
Court Disposition
Court determined the meanings of the four publications for purposes of the next stage of proceedings.
Orders
- Meanings of the Ted Talk, Convention Speech, First Tweet, and Second Tweet as set out in the judgment will be the basis for the next stage.
- Further directions to be given if objections remain regarding modified meanings.
Full Case Text
Judgment text and source record
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