GKR Karate (UK) Ltd. v Yorkshire Post Newspapers Ltd & Ors (No.1) [2000] EWCA Civ 420 (11 January 2000)

GKR Karate (UK) Ltd. v Yorkshire Post Newspapers Ltd & Ors (No.1) [2000] EWCA Civ 420 (11 January 2000)

The judge's order to try the issues of qualified privilege and malice as preliminary issues before justification was a proper exercise of case management discretion under the Civil Procedure Rules. The determination of privilege and malice depends on the circumstances at the time of publication, not on the truth of the publication or subsequent events. The order was fair, sensible, and economic, and did not prejudice the claimants' ability to present their case.

Citation
[2000] EWCA Civ 420
Parties
Claimant/appellant: GKR Karate (UK) Limited; 1st Defendant/1st Respondent: Yorkshire Post Newspapers Limited; 2nd Defendant: Brian Porch; 3rd Defendant/2nd Respondent: Sheila Holmes
Jurisdiction
England and Wales
Judgment Date
11 January 2000
Procedural Posture
Appeal From Pre Trial Order in Libel Proceedings / Appeal Against Case Management Order (preliminary Issues)
Outcome
Appeal dismissed
Legal Topics
Qualified Privilege, Malice, Case Management, Civil Procedure Rules, Justification (libel)
Defamation Civil Procedure Qualified Privilege Malice Case Management Civil Procedure Rules Justification (libel)

Case Brief

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Parties

GKR Karate (UK) Limited

Claimant/appellant

Yorkshire Post Newspapers Limited

1st Defendant/1st Respondent

Brian Porch

2nd Defendant

Sheila Holmes

3rd Defendant/2nd Respondent

Procedural Posture

Appeal From Pre Trial Order in Libel Proceedings / Appeal Against Case Management Order (preliminary Issues)

Legal Issues

  1. 1 Whether the trial judge was correct to order that the issues of qualified privilege and malice be tried as preliminary issues before justification in a libel action.
  2. 2 Whether the claimants would be unfairly prejudiced by the separation of issues.

Ratio Decidendi

The judge's order to try the issues of qualified privilege and malice as preliminary issues before justification was a proper exercise of case management discretion under the Civil Procedure Rules. The determination of privilege and malice depends on the circumstances at the time of publication, not on the truth of the publication or subsequent events. The order was fair, sensible, and economic, and did not prejudice the claimants' ability to present their case.

Court Disposition

Appeal dismissed

Orders

  • Respondents to have their costs of the appeal whatever the outcome of the trial.
  • Appellants to have liberty to apply on the question of costs within 7 days of the conclusion of the trial.