Baturina v Times Newspapers Ltd [2010] EWHC 696 (QB) (31 March 2010)

Baturina v Times Newspapers Ltd [2010] EWHC 696 (QB) (31 March 2010)

The claim survives only in relation to hard copies of the Sunday Times published in Russia and any properly pleaded claims for republications in Russia that merely repeat the original allegation, subject to proof of readers' knowledge of extraneous facts and actionability under Russian law. Claims relating to publications in England and Wales, internet publications, and republications adding new defamatory allegations are struck out for lack of evidence or as novus actus interveniens. The English court retains jurisdiction for the surviving claims.

Citation
[2010] EWHC 696
Parties
Claimant: Elena Baturina; Defendant: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
31 March 2010
Procedural Posture
Defamation / Interlocutory Judgment on Strike Out/summary Judgment Application
Outcome
Claim partially survives; strike out and summary judgment granted in part.
Legal Topics
Innuendo Meaning, Republication Liability, Double Actionability, Forum Conveniens, Abuse of Process
Defamation Media Law Private International Law Innuendo Meaning Republication Liability Double Actionability Forum Conveniens Abuse of Process

Case Brief

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Parties

Elena Baturina

Claimant

Times Newspapers Limited

Defendant

Procedural Posture

Defamation / Interlocutory Judgment on Strike Out/summary Judgment Application

Legal Issues

  1. 1 Whether the articles published by the defendant are capable of bearing a defamatory meaning (natural, ordinary or innuendo) against the claimant
  2. 2 Whether the claim should be struck out for abuse of process or lack of real and substantial tort
  3. 3 Whether the defendant is liable for republications in Russia and elsewhere

Ratio Decidendi

The claim survives only in relation to hard copies of the Sunday Times published in Russia and any properly pleaded claims for republications in Russia that merely repeat the original allegation, subject to proof of readers' knowledge of extraneous facts and actionability under Russian law. Claims relating to publications in England and Wales, internet publications, and republications adding new defamatory allegations are struck out for lack of evidence or as novus actus interveniens. The English court retains jurisdiction for the surviving claims.

Court Disposition

Claim partially survives; strike out and summary judgment granted in part.

Orders

  • Claimant permitted to amend particulars of claim to reflect surviving issues.
  • Claim survives only in relation to hard copies published in Russia and properly pleaded republications repeating the original allegation.