Thornton v Telegraph Media Group Ltd [2011] EWHC 1376 (QB) (27 May 2011)

Thornton v Telegraph Media Group Ltd [2011] EWHC 1376 (QB) (27 May 2011)

The order for trial by jury was not made without jurisdiction; the court had discretion to extend time or dispense with formal application, and the conduct of the parties and prior correspondence supported the order. There was no fundamental procedural error, and no sufficient change of circumstances to justify varying the order. The application to vary the mode of trial was dismissed.

Citation
[2011] EWHC 1376
Parties
Claimant: Dr Sarah Thornton; Defendant: Telegraph Media Group Ltd
Jurisdiction
England and Wales
Judgment Date
27 May 2011
Procedural Posture
Libel and Malicious Falsehood / Interlocutory Application Regarding Mode of Trial
Outcome
Application dismissed
Legal Topics
Mode of Trial, Jury Trial, Extension of Time, Court's Discretion, Practice Directions
Civil Procedure Defamation Mode of Trial Jury Trial Extension of Time Court's Discretion Practice Directions

Case Brief

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Parties

Dr Sarah Thornton

Claimant

Telegraph Media Group Ltd

Defendant

Procedural Posture

Libel and Malicious Falsehood / Interlocutory Application Regarding Mode of Trial

Legal Issues

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

Ratio Decidendi

The order for trial by jury was not made without jurisdiction; the court had discretion to extend time or dispense with formal application, and the conduct of the parties and prior correspondence supported the order. There was no fundamental procedural error, and no sufficient change of circumstances to justify varying the order. The application to vary the mode of trial was dismissed.

Court Disposition

Application dismissed

Orders

  • The order for trial by jury stands; the mode of trial will not be varied.