Law Weblog

Jury trial in defamation cases

Friday 11 June 2010 at 5:57 am | In News | Post Comment The end of trial by jury in defamation cases came one step closer yesterday.

The Court of Appeal upheld a ruling by Mr Justice Tugendhat last month that a libel action brought against Channel 4 by a former bodyguard to Michael Jackson, should be heard by a judge alone.

One factor was the issue of costs, around £3m.

The case raised important issues and was best be dealt with in a reasoned judgment which could be made public and appealed.

Today Ronald Thwaites QC said,

“At stake in this case is the future of trial by jury in defamation cases.

“If a judge can remove it, and be upheld, it is difficult to envisage any case where it can be successfully retained in the face of objection.

Lord Neuberger said that the Court of Appeal would explain its decision at a later date as the point at issue was one which merited a reasoned judgment.