Simon Blake and Ors. v Laurence Fox

Simon Blake and Ors. v Laurence Fox

There is no real risk of involuntary bias among the judiciary in determining the issues of racism in this case. The advantages of case management, proportionality, and reasoned judgment overwhelmingly favour trial by judge alone. The application for trial by jury is refused.

Parties
Claimant: Simon Blake; Claimant: Colin Seymour; Claimant: Nicola Thorp; Defendant: Laurence Fox
Jurisdiction
England and Wales
Judgment Date
18 May 2022
Procedural Posture
Defamation / Ruling on Application for Trial by Jury
Outcome
Application for trial by jury refused
Legal Topics
Trial by Jury, Case Management, Meaning of Racism, Social Media Publications
Defamation Civil Procedure Trial by Jury Case Management Meaning of Racism Social Media Publications

Case Brief

Summary, issues, holding and outcome

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Parties

Simon Blake

Claimant

Colin Seymour

Claimant

Nicola Thorp

Claimant

Laurence Fox

Defendant

Procedural Posture

Defamation / Ruling on Application for Trial by Jury

Legal Issues

  1. 1 Whether trial by jury should be ordered under s.69(3) Senior Courts Act 1981 in a defamation claim
  2. 2 Whether there is a real risk of involuntary bias if the case is determined by a judge alone
  3. 3 Case management and proportionality in mode of trial

Ratio Decidendi

There is no real risk of involuntary bias among the judiciary in determining the issues of racism in this case. The advantages of case management, proportionality, and reasoned judgment overwhelmingly favour trial by judge alone. The application for trial by jury is refused.

Court Disposition

Application for trial by jury refused

Orders

  • Trial will proceed before a judge sitting alone
  • Directions for determination of preliminary issues to be given at subsequent hearing