McGrath v Independent Print Ltd [2013] EWHC 2202 (QB) (26 July 2013)

McGrath v Independent Print Ltd [2013] EWHC 2202 (QB) (26 July 2013)

The claimant's application for trial by jury was refused as the overriding objective and case management favoured trial by judge alone. The article, when read as a whole, did not bear the meaning contended for by the claimant and was not defamatory. The claim was struck out and judgment given for the defendant.

Citation
[2013] EWHC 2202
Parties
Claimant: Christopher McGrath; Defendant: Independent Print Limited
Jurisdiction
England and Wales
Judgment Date
26 July 2013
Procedural Posture
Libel / Ruling on Applications for Jury Trial, Meaning, and Strike Out
Outcome
Claim struck out; judgment for defendant
Legal Topics
Libel, Trial by Jury, Meaning in Defamation, Case Management, Strike Out Applications
Defamation Civil Procedure Libel Trial by Jury Meaning in Defamation Case Management Strike Out Applications

Case Brief

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Parties

Christopher McGrath

Claimant

Independent Print Limited

Defendant

Procedural Posture

Libel / Ruling on Applications for Jury Trial, Meaning, and Strike Out

Legal Issues

  1. 1 Whether the claimant is entitled to a trial by jury
  2. 2 Whether the article bears the meaning contended for by the claimant
  3. 3 Whether the article is defamatory of the claimant

Ratio Decidendi

The claimant's application for trial by jury was refused as the overriding objective and case management favoured trial by judge alone. The article, when read as a whole, did not bear the meaning contended for by the claimant and was not defamatory. The claim was struck out and judgment given for the defendant.

Court Disposition

Claim struck out; judgment for defendant

Orders

  • Trial to be by judge alone
  • Claimant's applications for trial by jury and disclosure refused