Sakho & Anor v World Anti-Doping Agency

Sakho & Anor v World Anti-Doping Agency

The court determined that the meanings of the Articles are relevant to the assessment of whether publication of the words complained of has caused or is likely to cause serious harm to the claimant’s reputation, given the wide republication and potential difference in gravity compared to the Emails. Determining...

Source-derived case information.

Parties
First Claimant: Mamadou Sakho; Second Claimant: MS Top Limited; Defendant: World Anti-Doping Agency
Jurisdiction
England and Wales
Judgment Date
11 February 2020
Procedural Posture
Defamation / Preliminary Issue Trial on Meaning
Outcome
Court determined the meanings of both the Emails and the Articles as preliminary issues.
Legal Topics
Republication, Serious Harm Threshold, Natural and Ordinary Meaning, Damages, Publication
Defamation Media Law Republication Serious Harm Threshold Natural and Ordinary Meaning Damages Publication

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Summary, issues, holding and outcome

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Parties

Mamadou Sakho

First Claimant

MS Top Limited

Second Claimant

World Anti-Doping Agency

Defendant

Procedural Posture

Defamation / Preliminary Issue Trial on Meaning

Legal Issues

  1. 1 Should the meaning of republications (Articles) be determined when not sued as separate causes of action?
  2. 2 What is the natural and ordinary meaning of the Emails and Articles complained of?

Ratio Decidendi

The court determined that the meanings of the Articles are relevant to the assessment of whether publication of the words complained of has caused or is likely to cause serious harm to the claimant’s reputation, given the wide republication and potential difference in gravity compared to the Emails. Determining their meanings at this stage accords with the overriding objective.

Court Disposition

Court determined the meanings of both the Emails and the Articles as preliminary issues.

Orders

  • Meanings of the Emails and Articles set out in paragraphs 59, 65, 75, and 81 of the judgment.