McKeown v Attheraces Ltd [2011] EWHC 3232 (QB) (07 December 2011)

McKeown v Attheraces Ltd [2011] EWHC 3232 (QB) (07 December 2011)

Permission to re-amend the defence is granted as Reynolds privilege is arguable; trial will be by judge alone due to the need for prolonged examination of documents and greater transparency; no preliminary issue on privilege will be ordered as it would not save time or costs and would risk duplication.

Citation
[2011] EWHC 3232
Parties
Claimant: Dean McKeown; Defendant: Attheraces Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2011
Procedural Posture
Libel Action / Pre Trial Interlocutory Applications
Outcome
Defendant's applications for permission to re-amend the defence and for trial by judge alone are granted; application for preliminary issue is refused.
Legal Topics
Libel, Justification, Fair Comment, Qualified Privilege, Reynolds Privilege, Mode of Trial, Preliminary Issues
Defamation Media Law Civil Procedure Libel Justification Fair Comment Qualified Privilege Reynolds Privilege +2 more

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Parties

Dean McKeown

Claimant

Attheraces Limited

Defendant

Procedural Posture

Libel Action / Pre Trial Interlocutory Applications

Legal Issues

  1. 1 Whether to grant permission to re-amend the defence to plead Reynolds privilege and general bad reputation
  2. 2 Whether the trial should be by judge alone or by judge and jury
  3. 3 Whether there should be a preliminary issue to dispose of privilege defences in advance of trial

Ratio Decidendi

Permission to re-amend the defence is granted as Reynolds privilege is arguable; trial will be by judge alone due to the need for prolonged examination of documents and greater transparency; no preliminary issue on privilege will be ordered as it would not save time or costs and would risk duplication.

Court Disposition

Defendant's applications for permission to re-amend the defence and for trial by judge alone are granted; application for preliminary issue is refused.

Orders

  • Permission granted to re-amend the defence to plead Reynolds privilege and general bad reputation.
  • Trial to be by judge alone, not by judge and jury.