Stokes v Sunday Newspapers Ltd (t/a The Sunday World) [2016] NICA 60 (21 December 2016)

Stokes v Sunday Newspapers Ltd (t/a The Sunday World) [2016] NICA 60 (21 December 2016)

The Court of Appeal held that the reasons advanced by the trial judge for ordering the Reynolds defence to be tried without a jury—namely, complicated factual questions, confused division of functions, and difficulties for the jury—were not special to the facts of this case but were general to all Reynolds cases. Therefore, they did not constitute 'special reasons' under Section 62(2) of the Judicature (NI) Act 1978. The court quashed the order for judge-alone trial on the Reynolds defence and ordered that all issues be tried by judge and jury.

Citation
[2016] NICA 60
Parties
Plaintiff/respondent: Martin Stokes; Defendant/appellant: Sunday Newspapers Ltd t/a The Sunday World
Jurisdiction
Northern Ireland
Judgment Date
21 December 2016
Procedural Posture
Appeal and Cross Appeal in a Defamation Action / Court of Appeal Judgment on Mode of Trial (jury or Judge Alone)
Outcome
Appeal allowed in part; order for judge-alone trial on Reynolds defence quashed; all issues to be tried by judge and jury; plaintiff's cross-appeal dismissed.
Legal Topics
Mode of Trial, Jury Trial, Reynolds Defence, Special Reasons, Judicial Discretion
Defamation Civil Procedure Mode of Trial Jury Trial Reynolds Defence Special Reasons Judicial Discretion

Case Brief

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Parties

Martin Stokes

Plaintiff/respondent

Sunday Newspapers Ltd t/a The Sunday World

Defendant/appellant

Procedural Posture

Appeal and Cross Appeal in a Defamation Action / Court of Appeal Judgment on Mode of Trial (jury or Judge Alone)

Legal Issues

  1. 1 Whether the Reynolds defence aspect of a defamation action should be tried by judge alone for special reasons under Section 62(2) of the Judicature (NI) Act 1978
  2. 2 Whether the remaining issues (identification, meanings, justification, damages) should be tried by judge and jury

Ratio Decidendi

The Court of Appeal held that the reasons advanced by the trial judge for ordering the Reynolds defence to be tried without a jury—namely, complicated factual questions, confused division of functions, and difficulties for the jury—were not special to the facts of this case but were general to all Reynolds cases. Therefore, they did not constitute 'special reasons' under Section 62(2) of the Judicature (NI) Act 1978. The court quashed the order for judge-alone trial on the Reynolds defence and ordered that all issues be tried by judge and jury.

Court Disposition

Appeal allowed in part; order for judge-alone trial on Reynolds defence quashed; all issues to be tried by judge and jury; plaintiff's cross-appeal dismissed.

Orders

  • The decision to try the Reynolds defence by judge alone is quashed.
  • All issues in the case are to be tried by judge and jury.