Armstrong v Times Newspapers Ltd & Ors

Armstrong v Times Newspapers Ltd & Ors

There is jurisdiction for the court to order different modes of trial for different issues, but in this case, having fulfilled the exclusionary criteria under s.69(1), the action as a whole, including the preliminary issue of meaning, should be tried by judge alone. There is no significant countervailing advantage to justify jury trial for the issue of meaning.

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 / Ruling on Mode of Trial for Preliminary Issue of Meaning
Outcome
Preliminary issue of meaning to be determined by judge alone.
Legal Topics
Mode of Trial, Jury Trial, Interpretation of Statutory Provisions, Case Management
Defamation Civil Procedure Mode of Trial Jury Trial Interpretation of Statutory Provisions Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

Lance Armstrong

Claimant

Times Newspapers Ltd

Defendant

David Walsh

Defendant

Alan English

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the preliminary issue of meaning in a libel action should be tried by judge alone or with a jury
  2. 2 Jurisdiction of the court to order different modes of trial for different issues under s.69 of the Supreme Court Act 1981

Ratio Decidendi

There is jurisdiction for the court to order different modes of trial for different issues, but in this case, having fulfilled the exclusionary criteria under s.69(1), the action as a whole, including the preliminary issue of meaning, should be tried by judge alone. There is no significant countervailing advantage to justify jury trial for the issue of meaning.

Court Disposition

Preliminary issue of meaning to be determined by judge alone.

Orders

  • The preliminary issue of meaning shall be determined by judge alone.