Thornton v Telegraph Media Group Ltd

Thornton v Telegraph Media Group Ltd

The order for trial by jury was not made without jurisdiction; the court had power to make the order under CPR 3.1(2)(a) or s.69(3) of the Senior Courts Act 1981, and the circumstances did not justify varying the order.

Parties
Claimant: Dr Sarah Thornton; Defendant: Telegraph Media Group Ltd
Jurisdiction
England and Wales
Judgment Date
27 May 2011
Procedural Posture
Civil Libel and Malicious Falsehood / Interlocutory Application to Vary Mode of Trial
Outcome
Application dismissed
Legal Topics
Libel, Malicious Falsehood, Mode of Trial, Jury Trial, Civil Procedure Rules
Media Law Civil Procedure Libel Malicious Falsehood Mode of Trial Jury Trial Civil Procedure Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Dr Sarah Thornton

Claimant

Telegraph Media Group Ltd

Defendant

Procedural Posture

Civil Libel and Malicious Falsehood / Interlocutory Application to Vary Mode of Trial

Legal Issues

  1. 1 Whether the order for trial by jury was made without jurisdiction due to non-compliance with CPR 26.11
  2. 2 Whether the court should vary the order for trial by jury to trial by judge alone

Ratio Decidendi

The order for trial by jury was not made without jurisdiction; the court had power to make the order under CPR 3.1(2)(a) or s.69(3) of the Senior Courts Act 1981, and the circumstances did not justify varying the order.

Court Disposition

Application dismissed

Orders

  • The Defendant's application to vary the mode of trial from jury to judge alone is dismissed.