Boyle v MGN Ltd [2012] EWHC 2700 (QB) (09 October 2012)

The trial does not require a prolonged examination of documents or evidence that cannot conveniently be made with a jury; the material is suitable for jury consideration, and there are no particular difficulties in viewing or understanding the evidence. Therefore, the application to vary the mode of trial is dismissed and the trial will proceed with a jury.

Citation: [2012] EWHC 2700 (QB)
Parties: Claimant: Frankie Boyle; Defendant: MGN Ltd
Jurisdiction: England and Wales
Judgment Date: 09 October 2012
Procedural Posture: Libel and Malicious Falsehood / Application to Determine Mode of Trial (jury or Judge Alone) Prior to Trial
Outcome: Application dismissed
Legal Topics: Libel, Malicious Falsehood, Mode of Trial, Jury Trials, Aggravated Damages

Media Law Defamation Libel Malicious Falsehood Mode of Trial Jury Trials Aggravated Damages

Case Brief

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Parties

Frankie Boyle

Claimant

MGN Ltd

Defendant

Procedural Posture

Libel and Malicious Falsehood / Application to Determine Mode of Trial (jury or Judge Alone) Prior to Trial

Legal Issues

1 Whether the trial requires a prolonged examination of documents or other evidence such that it cannot conveniently be made with a jury under s.69 of the Senior Courts Act 1981
2 Whether the court should exercise its discretion to order trial by judge alone or with a jury

Ratio Decidendi

Court Disposition

Application dismissed

Orders

The trial will be by a judge sitting with a jury.
Order under Contempt of Court Act s.4(2) prohibiting reporting of the application until after the conclusion of the trial.