Intelligence firm Black Cube ordered to pay £350,000 to Israeli TV show
A British court has ordered the private intelligence firm Black Cube to pay £350,000 in costs to an Israeli investigative television show after withdrawing a high-profile £15m libel lawsuit against the media group.
Court documents filed in the high court of justice Queen’s
bench division show that Black Cube (known in the proceedings as BC Strategy UK
Limited) was ordered to make the “interim payment” to pay for the costs of
Keshet Broadcasting Limited and five of the group’s journalists.
The decision, filed by Justice Saini on 17 November, came
one day after Black Cube filed to discontinue its claim against the media group
and the reporters.
A spokesperson for Black Cube said: “The company, according
to the recommendation of its English lawyers, has decided to discontinue its
defamation claim in the UK against Uvda for a documentary which they
broadcasted more than one year ago.
“The company has been advised that since its income in the
year following the broadcast has increased, the argument that the company has
suffered financial loss because of the broadcast has fallen away. The company
continues to state that the broadcast was wrong and seriously misleading and
always acts strictly according to the law in every jurisdiction in which it
operates.”
Matthew Westcott, who acted for Black Cube with JMW
Solicitors, was contacted by the Guardian and said: “I can’t talk about this
case.” He declined to comment further.
London remains a popular international destination for
defamation cases, where awards are generally subject to a ceiling of £275,000.
Press freedom advocates published an open letter last year
to draw the British government’s attention to what they called a “growing trend
to use strategic litigation against public participation (Slapp) lawsuits as a
means of intimidating and silencing journalists working in the public
interest”.
“Such legal threats are designed to inhibit ongoing
investigations, and prevent legitimate public interest reporting. Abuse of
defamation law, including through Slapp lawsuits, has become a serious threat
to press freedom and advocacy rights in a number of countries, including the
UK,” the letter said.
At an earlier hearing, it was reported, lawyers for Black
Cube had argued that England and Wales was an appropriate jurisdiction for the
case to be heard because one of its founders and many of its clients are based
in the UK.
The libel case was reportedly filed by Black Cube in the UK
after the investigative TV show aired a segment in June 2019 that alleged that
one of Israel’s richest men, the tycoon Idan Ofer, had hired the firm in 2014
to investigate the then-finance minister, Yair Lapid, and other officials.
Black Cube denied the allegations, according to a 2019
report by the Associated Press. The company at the time told the AP it was
suing the TV show and its anchor for £15m. A clerk at Britain’s royal courts of
justice confirmed to the AP that the lawsuit had been filed, but was barred
from providing more details.
According to the AP, a spokesman for Ofer confirmed that he
had contracted the agency for a brief period, but said Ofer ended up not using
Black Cube’s information, and that the intelligence had been gathered from
public sources.
Black Cube has previously been named in media reports
alleging that the company has worked to discredit US officials who negotiated
the Iran nuclear agreement. They have denied the claim. The company was also
named in the New York rape trial of disgraced Hollywood producer Harvey
Weinstein.
Weinstein, who was found guilty of rape and given a 23-year
sentence, employed the Israeli firm to quash a New York Times article that
broke the story about his sexual misconduct, his trial was told. Details about
the arrangement were alleged during the trial, including that the law firm Boies
Schiller had signed a contract with Black Cube at Weinstein’s behest.
Representatives for Uvda, the television show that was sued,
declined to comment. A spokesperson for Allen and Overy confirmed that the
London law firm had acted for Keshet Media and all the defendants in the case.
The spokesperson declined to comment further.
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