Lewis v Commissioner of Police of the Metropolis & Ors [2012] EWHC 1391 (QB) (25 May 2012)

Lewis v Commissioner of Police of the Metropolis & Ors [2012] EWHC 1391 (QB) (25 May 2012)

Statutory presumption in favour of trial by judge alone cannot be displaced due to complexity of issues, need for reasoned judgment, and risk of jury misdirection or inability to reach verdict.

Citation
[2012] EWHC 1391 (QB)
Parties
Claimant: Mark Lewis; First Defendant: Commissioner of Police of the Metropolis; Second Defendant: Baroness Buscombe; Third Defendant: Press Complaints Commission
Jurisdiction
England and Wales
Judgment Date
25 May 2012
Procedural Posture
Defamation / Ruling on Mode of Trial
Outcome
Trial will be by judge alone.
Legal Topics
Mode of Trial, Trial by Jury, Qualified Privilege, Release, Malice, Case Management
Defamation Civil Procedure Mode of Trial Trial by Jury Qualified Privilege Release Malice Case Management

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Parties

Mark Lewis

Claimant

Commissioner of Police of the Metropolis

First Defendant

Baroness Buscombe

Second Defendant

Press Complaints Commission

Third Defendant

Procedural Posture

Defamation / Ruling on Mode of Trial

Legal Issues

  1. 1 Whether trial should be by judge alone or with a jury
  2. 2 Appropriateness of jury trial where a public authority is defendant
  3. 3 Complexity of issues for jury

Ratio Decidendi

Statutory presumption in favour of trial by judge alone cannot be displaced due to complexity of issues, need for reasoned judgment, and risk of jury misdirection or inability to reach verdict.

Court Disposition

Trial will be by judge alone.

Orders

  • Trial ordered to be by judge alone.