Bukovsky v Crown Prosecution Service [2016] EWHC 1926 (QB) (28 July 2016)

Bukovsky v Crown Prosecution Service [2016] EWHC 1926 (QB) (28 July 2016)

The words complained of did not bear the meanings attributed to them by Mr Bukovsky. Their natural and ordinary meaning was that Mr Bukovsky was to be charged with offences of making indecent photographs of children, possessing indecent photographs of children, and possession of a prohibited image, with sufficient evidence to justify prosecution. The ordinary reasonable reader would not infer allegations of personal presence at the scene or participation in abuse.

Citation
[2016] EWHC 1926 (QB)
Parties
Claimant: Vladimir Bukovsky; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
28 July 2016
Procedural Posture
Civil (libel, Misfeasance, Human Rights) / Preliminary Issue Trial on Meaning of Words
Outcome
Claimant's case on meaning rejected; preliminary issue determined in favour of Defendant.
Legal Topics
Libel, Misfeasance in Public Office, Breach of Human Rights Act, Meaning in Defamation, Serious Harm, Interim Declaration of Falsity
Defamation Human Rights Public Law Libel Misfeasance in Public Office Breach of Human Rights Act Meaning in Defamation Serious Harm +1 more

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Parties

Vladimir Bukovsky

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Civil (libel, Misfeasance, Human Rights) / Preliminary Issue Trial on Meaning of Words

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words used in the CPS Charging Announcement?
  2. 2 Did the words bear the defamatory meanings alleged by the claimant?

Ratio Decidendi

The words complained of did not bear the meanings attributed to them by Mr Bukovsky. Their natural and ordinary meaning was that Mr Bukovsky was to be charged with offences of making indecent photographs of children, possessing indecent photographs of children, and possession of a prohibited image, with sufficient evidence to justify prosecution. The ordinary reasonable reader would not infer allegations of personal presence at the scene or participation in abuse.

Court Disposition

Claimant's case on meaning rejected; preliminary issue determined in favour of Defendant.

Orders

  • Summary judgment application adjourned.
  • Application for interim declaration of falsity declined.