Eurasian Natural Resources Corporation Limited v Tom Burgis

Eurasian Natural Resources Corporation Limited v Tom Burgis

The passages complained of do not refer to or reflect adversely upon any ENRC corporation. The book portrays ENRC as a front for the Trio’s activities, but does not attribute the suspicious deaths or alleged poisoning to a corporate entity. Only individuals can carry out acts of murder or poisoning, and the book does not allege corporate sanction or involvement. Therefore, the statements do not bear the defamatory meaning contended for by the Claimant and do not refer to the Claimant.

Parties
Claimant: Eurasian Natural Resources Corporation Limited; Defendant: Tom Burgis; Defendant: HarperCollins Publishers Limited
Jurisdiction
England and Wales
Judgment Date
02 March 2022
Procedural Posture
Defamation / Preliminary Issues Determination
Outcome
claim dismissed
Legal Topics
Reference in Defamation, Corporate Reputation, Natural and Ordinary Meaning, Statements of Fact or Opinion, Threshold of Seriousness
Defamation Media Law Corporate Law Reference in Defamation Corporate Reputation Natural and Ordinary Meaning Statements of Fact or Opinion Threshold of Seriousness

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Parties

Eurasian Natural Resources Corporation Limited

Claimant

Tom Burgis

Defendant

HarperCollins Publishers Limited

Defendant

Procedural Posture

Defamation / Preliminary Issues Determination

Legal Issues

  1. 1 Whether the statements complained of refer to the Claimant
  2. 2 The natural and ordinary meaning of the statements
  3. 3 Whether the statements are defamatory at common law

Ratio Decidendi

The passages complained of do not refer to or reflect adversely upon any ENRC corporation. The book portrays ENRC as a front for the Trio’s activities, but does not attribute the suspicious deaths or alleged poisoning to a corporate entity. Only individuals can carry out acts of murder or poisoning, and the book does not allege corporate sanction or involvement. Therefore, the statements do not bear the defamatory meaning contended for by the Claimant and do not refer to the Claimant.

Court Disposition

claim dismissed

Orders

  • Judgment entered for the Defendants
  • Claimant’s claim dismissed