由此
- 42 -
A
B
2007 were partly attributable to the Article. I am not satisfied, however,
that even a partial causal link between the publication of the Article and
C
B
C
Digital UK’s revenue has been established.
D
D
E
A
167.
In particular, Digital UK’s Financial Statement for the year
E
ending 30 June 2007 makes no mention of the Article as a cause for a
F
G
decline in revenue. Instead, the Financial Statement simply attributed the
drop to increased competition and an inability drastically to curtail costs
F
G
and expenses during the same period.
H
H
I
168.
It was suggested that Al-Jazeera pulled out of a contract for
I
Urdu broadcasts in Pakistan as a result of the Article. However, it appears
J
that the contract was with Digital Dubai, not Digital UK.
K
K
169.
L
M
J
Further, it remained open to Digital Dubai to sue Al-Jazeera
for breach of contract as the ARY Group did not accept that Al-Jazeera was
entitled to withdraw from its obligations. It is unclear why no further
L
M
action was taken.
N
N
O
170.
Moreover, in correspondence, Al-Jazeera took the view that it
O
could not proceed with the deal reached because in its view ARY could not
P
Q
freely travel in and out of Pakistan. This view, arising out of several court
cases, both civil and criminal, pending against ARY at the relevant time, is
P
Q
said by ARY to be wholly incorrect. But the evidence is that Al-Jazeera,
R
S
R
rightly or wrongly, formed such view and gave that alleged inability to
travel as a reason for pulling out. The correspondence does not expressly
S
cite the Article as a reason for withdrawal.
T
T
U
U
V
V
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