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 power to make the order under CPR 3.1(2)(a) or s.69(3), and the circumstances justified dispensing with the application notice. There was no fundamental procedural error and no material change of circumstances warranting variation of the order.

Citation
[2011] EWHC 1376 (QB)
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, Jurisdiction, Variation of Court Orders
Civil Procedure Defamation Mode of Trial Jury Trial Extension of Time Jurisdiction Variation of Court Orders

Case Brief

Summary, issues, holding and outcome

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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 can extend the time for application for jury trial under CPR 3.1(2)(a)
  3. 3 Whether the order for jury trial should be varied or revoked under CPR 3.1(7)

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), and the circumstances justified dispensing with the application notice. There was no fundamental procedural error and no material change of circumstances warranting variation of the order.

Court Disposition

Application dismissed

Orders

  • Order for trial by jury stands
  • No variation or revocation of previous order