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 a jury trial was refused as he was aware of the relevant rules and failed to apply in time; the court's discretion did not favour a jury trial due to case management and lack of national importance. The article, read as a whole, did not bear the defamatory meaning contended for by the claimant, nor was it capable of being defamatory. The claim was struck out and judgment entered for the defendant.

Citation
[2013] EWHC 2202 (QB)
Parties
Claimant: Christopher McGrath; Defendant: Independent Print Limited
Jurisdiction
England and Wales
Judgment Date
26 July 2013
Procedural Posture
Libel Action (defamation) / Interlocutory Judgment on Applications for Jury Trial, Meaning, and Strike Out
Outcome
Claim struck out; judgment for the defendant
Legal Topics
Libel, Trial by Jury, Meaning in Defamation, Strike Out Applications, Freedom of Expression
Defamation Civil Procedure Libel Trial by Jury Meaning in Defamation Strike Out Applications Freedom of Expression

Case Brief

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Parties

Christopher McGrath

Claimant

Independent Print Limited

Defendant

Procedural Posture

Libel Action (defamation) / Interlocutory Judgment on Applications for Jury Trial, Meaning, and Strike Out

Legal Issues

  1. 1 Whether the claimant is entitled to a trial by jury under s.69 of the Senior Courts Act 1981 and CPR 26.11
  2. 2 Whether the article complained of bears the defamatory meaning contended for by the claimant
  3. 3 Whether the article is capable of being defamatory of the claimant

Ratio Decidendi

The claimant's application for a jury trial was refused as he was aware of the relevant rules and failed to apply in time; the court's discretion did not favour a jury trial due to case management and lack of national importance. The article, read as a whole, did not bear the defamatory meaning contended for by the claimant, nor was it capable of being defamatory. The claim was struck out and judgment entered for the defendant.

Court Disposition

Claim struck out; judgment for the defendant

Orders

  • Claimant's application for jury trial refused
  • Defendant's application on meaning granted