Feyziyev v The Journalism Development Network Association & Anor

Feyziyev v The Journalism Development Network Association & Anor

The articles, when read as a whole by the ordinary reasonable reader, do not allege as a fact that the claimant is guilty of corrupt participation in money laundering and bribery, but do convey that there are reasonable or strong grounds to suspect his involvement through AvroMed. The language used is qualified and does not reach the level of direct accusation. Therefore, the natural and ordinary meaning is at Chase Level Two: reasonable or strong grounds to suspect the claimant's complicity.

Parties
Claimant: Javanshir Feyziyev; Defendant: The Journalism Development Network; Defendant: Paul Radu
Jurisdiction
England and Wales
Judgment Date
16 April 2019
Procedural Posture
Libel Action / Trial of Preliminary Issue of Meaning and Applications for Strike Out and Further Information
Outcome
Preliminary issue of meaning determined; strike-out application granted; further information to be provided; defendants to serve Amended Defence.
Legal Topics
Libel, Meaning of Defamatory Statements, Chase Levels, Strike Out Applications, Public Interest Defence
Defamation Media Law Libel Meaning of Defamatory Statements Chase Levels Strike Out Applications Public Interest Defence

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Parties

Javanshir Feyziyev

Claimant

The Journalism Development Network

Defendant

Paul Radu

Defendant

Procedural Posture

Libel Action / Trial of Preliminary Issue of Meaning and Applications for Strike Out and Further Information

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of in the two articles?
  2. 2 Do the articles convey a Chase Level One (guilt), Level Two (reasonable grounds to suspect), or other meaning?
  3. 3 Should parts of the Defence be struck out for disclosing no reasonable grounds?

Ratio Decidendi

The articles, when read as a whole by the ordinary reasonable reader, do not allege as a fact that the claimant is guilty of corrupt participation in money laundering and bribery, but do convey that there are reasonable or strong grounds to suspect his involvement through AvroMed. The language used is qualified and does not reach the level of direct accusation. Therefore, the natural and ordinary meaning is at Chase Level Two: reasonable or strong grounds to suspect the claimant's complicity.

Court Disposition

Preliminary issue of meaning determined; strike-out application granted; further information to be provided; defendants to serve Amended Defence.

Orders

  • Defendants to serve an Amended Defence by a specified deadline.
  • Defendants to answer outstanding requests for further information to the extent relevant.