Bukovsky v Crown Prosecution Service

Bukovsky v Crown Prosecution Service

The words complained of in the Charging Announcement did not bear the defamatory meaning pleaded by the appellant; their natural and ordinary meaning, in context, was that the appellant was charged with offences under specified statutes, and the evidence was sufficient to justify prosecution, without implying presence at the scene or direct involvement in abuse.

Parties
Appellant: Vladimir Bukovsky; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
13 October 2017
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Striking Out Libel Claim
Outcome
appeal dismissed
Legal Topics
Libel, Meaning of Defamatory Words, Misfeasance in Public Office, European Convention on Human Rights, Statutory Interpretation
Defamation Criminal Law Human Rights Libel Meaning of Defamatory Words Misfeasance in Public Office European Convention on Human Rights Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Vladimir Bukovsky

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Striking Out Libel Claim

Legal Issues

  1. 1 Whether the words 'making indecent images of children' in the CPS Charging Announcement bore the defamatory meaning pleaded by the appellant
  2. 2 Whether the context and statutory language affect the natural and ordinary meaning of the words
  3. 3 Whether the libel claim should be struck out based on the meaning found

Ratio Decidendi

The words complained of in the Charging Announcement did not bear the defamatory meaning pleaded by the appellant; their natural and ordinary meaning, in context, was that the appellant was charged with offences under specified statutes, and the evidence was sufficient to justify prosecution, without implying presence at the scene or direct involvement in abuse.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.