Prince Radu of Hohenzollern v Houston & Anor [2007] EWHC 2328 (QB) (12 October 2007)

Prince Radu of Hohenzollern v Houston & Anor [2007] EWHC 2328 (QB) (12 October 2007)

The preliminary issue of qualified privilege, including Reynolds privilege, is best determined by a judge alone due to the evaluative nature of the issues, the lack of clear factual questions for a jury, the complexity and volume of documentation, and the risk of inefficiency, confusion, and unnecessary cost associated with jury trial in this context.

Citation
[2007] EWHC 2328 (QB)
Parties
Claimant: Prince Radu of Hohenzollern; Defendant: Marco Houston; Defendant: Sena Julia Publicatus Ltd
Jurisdiction
England and Wales
Judgment Date
12 October 2007
Procedural Posture
Libel/defamation / Application for Determination of Mode of Trial for Preliminary Issue
Outcome
Application granted. Preliminary issue to be tried by judge alone.
Legal Topics
Qualified Privilege, Reynolds Privilege, Mode of Trial, Jury Trial, Case Management
Media Law Defamation Civil Procedure Qualified Privilege Reynolds Privilege Mode of Trial Jury Trial Case Management

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Parties

Prince Radu of Hohenzollern

Claimant

Marco Houston

Defendant

Sena Julia Publicatus Ltd

Defendant

Procedural Posture

Libel/defamation / Application for Determination of Mode of Trial for Preliminary Issue

Legal Issues

  1. 1 Whether the preliminary issue of qualified privilege should be tried by judge alone or by judge and jury
  2. 2 Appropriate application of s.69 of the Supreme Court Act 1981 to the mode of trial for the preliminary issue

Ratio Decidendi

The preliminary issue of qualified privilege, including Reynolds privilege, is best determined by a judge alone due to the evaluative nature of the issues, the lack of clear factual questions for a jury, the complexity and volume of documentation, and the risk of inefficiency, confusion, and unnecessary cost associated with jury trial in this context.

Court Disposition

Application granted. Preliminary issue to be tried by judge alone.

Orders

  • The preliminary issue of qualified privilege will be tried by judge alone.