Telegraph Media Group Ltd v Thornton [2011] EWCA Civ 748 (22 June 2011)

Telegraph Media Group Ltd v Thornton [2011] EWCA Civ 748 (22 June 2011)

The High Court judge erred by unnecessarily fettering his discretion and failing to reconsider the mode of trial on its merits after the legal position changed following Cook v Telegraph Media Group Ltd. The interests of finality did not outweigh the need to apply the correct legal principles, especially where no...

Source-derived case information.

Citation
[2011] EWCA Civ 748
Parties
Appellant: Telegraph Media Group Limited; Respondent: Sarah Thornton
Jurisdiction
England and Wales
Judgment Date
22 June 2011
Procedural Posture
Appeal / Court of Appeal Judgment on Interlocutory Orders
Outcome
Appeal allowed
Legal Topics
Libel, Malicious Falsehood, Mode of Trial, Disclosure of Documents, Case Management
Media Law Defamation Civil Procedure Libel Malicious Falsehood Mode of Trial Disclosure of Documents Case Management

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Parties

Telegraph Media Group Limited

Appellant

Sarah Thornton

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Interlocutory Orders

Legal Issues

  1. 1 Whether the High Court erred in refusing to reconsider the mode of trial (jury or judge alone) after a change in legal approach following Cook v Telegraph Media Group Ltd.
  2. 2 Whether the High Court erred in refusing specific disclosure of documents evidencing objections by interviewees to the claimant's descriptions of them.

Ratio Decidendi

The High Court judge erred by unnecessarily fettering his discretion and failing to reconsider the mode of trial on its merits after the legal position changed following Cook v Telegraph Media Group Ltd. The interests of finality did not outweigh the need to apply the correct legal principles, especially where no prejudice was shown. The appeal was allowed both in relation to the order for disclosure (as agreed by the parties) and the reconsideration of the mode of trial.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted.
  • Order for specific disclosure of documents evidencing occasions (in the feedback process) where interviewees objected to things the claimant said or her descriptions of them and sought to persuade her to alter them, to be served by 4.00pm on Friday, 24 June.