Armstrong v Times Newspapers Ltd & Ors [2005] EWHC 2816 (QB) (07 December 2005)

Armstrong v Times Newspapers Ltd & Ors [2005] EWHC 2816 (QB) (07 December 2005)

Where the exclusionary criteria in s.69(1) of the Supreme Court Act 1981 are fulfilled, the action should be tried by judge alone unless there is a significant countervailing advantage to justify a jury trial for a specific issue. No such advantage exists in this case, and the preliminary issue of meaning should be determined by judge alone.

Citation
[2005] EWHC 2816
Parties
Claimant: Lance Armstrong; Defendant: Times Newspapers Ltd; Defendant: David Walsh; Defendant: Alan English
Jurisdiction
England and Wales
Judgment Date
07 December 2005
Procedural Posture
Libel Action / Preliminary Hearing on Mode of Trial for Issue of Meaning
Outcome
Application for jury trial of preliminary issue of meaning refused; issue to be determined by judge alone.
Legal Topics
Libel, Mode of Trial, Jury Trial, Interpretation of S.69 Supreme Court Act 1981
Media Law Defamation Civil Procedure Libel Mode of Trial Jury Trial Interpretation of S.69 Supreme Court Act 1981

Case Brief

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Parties

Lance Armstrong

Claimant

Times Newspapers Ltd

Defendant

David Walsh

Defendant

Alan English

Defendant

Procedural Posture

Libel Action / Preliminary Hearing on Mode of Trial for Issue of Meaning

Legal Issues

  1. 1 Whether the preliminary issue of meaning in a libel action should be tried by judge alone or by jury
  2. 2 Whether the court has jurisdiction to order a jury trial for a specific issue when the action as a whole is to be tried by judge alone under s.69 Supreme Court Act 1981

Ratio Decidendi

Where the exclusionary criteria in s.69(1) of the Supreme Court Act 1981 are fulfilled, the action should be tried by judge alone unless there is a significant countervailing advantage to justify a jury trial for a specific issue. No such advantage exists in this case, and the preliminary issue of meaning should be determined by judge alone.

Court Disposition

Application for jury trial of preliminary issue of meaning refused; issue to be determined by judge alone.

Orders

  • The preliminary issue of meaning in the libel action shall be determined by judge alone.