McKeown v Attheraces Ltd

McKeown v Attheraces Ltd

Permission to re-amend the defence is granted as Reynolds privilege is arguable; trial will be by judge alone due to prolonged examination of documents and presumption under s.69(3); preliminary issue is refused as there is likely to be duplication and no significant savings.

Parties
Claimant: Dean McKeown; Defendant: Attheraces Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2011
Procedural Posture
Libel Action / Ruling on Applications for Permission to Re Amend Defence, Mode of Trial, and Preliminary Issue
Outcome
Defendant's applications for permission to re-amend defence and mode of trial (judge alone) granted; application for preliminary issue refused.
Legal Topics
Libel, Qualified Privilege, Honest Comment, Statutory Reporting Privilege, Reynolds Privilege, Mode of Trial, Case Management
Defamation Civil Procedure Libel Qualified Privilege Honest Comment Statutory Reporting Privilege Reynolds Privilege Mode of Trial +1 more

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Parties

Dean McKeown

Claimant

Attheraces Limited

Defendant

Procedural Posture

Libel Action / Ruling on Applications for Permission to Re Amend Defence, Mode of Trial, and Preliminary Issue

Legal Issues

  1. 1 Whether permission should be granted to re-amend the defence to include Reynolds privilege
  2. 2 Whether trial should be by judge alone or judge and jury
  3. 3 Whether preliminary issue should be directed 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 prolonged examination of documents and presumption under s.69(3); preliminary issue is refused as there is likely to be duplication and no significant savings.

Court Disposition

Defendant's applications for permission to re-amend defence and mode of trial (judge alone) granted; application for preliminary issue refused.

Orders

  • Permission granted to re-amend defence to include Reynolds privilege.
  • Trial to be by judge alone, not judge and jury.