Source: All England Reporter
Publisher Citation: [2004] All ER (D) 78 (May)
Court: Queen's Bench Division
Judge:

Eady J

Representation Stephen Suttle QC (instructed by Peter Carter Ruck & Partners) for the claimants.
  Victoria Sharp QC and Jane Phillips (instructed by Foot Anstey Sargent, Plymouth) for the defendant.
Judgment Dates: 7 May 2004

Catchwords

Practice and procedure - Queen's Bench Division - Trial by judge and jury - Libel - Application for trial by judge alone - Appropriateness of trial by judge and jury - s 69.

The Case

At the trial of the instant libel case, concerning an article published by the defendant about the lack of care given to a resident at the claimants' nursing home, it was unlikely that the jury would need to undertake a prolonged examination of the documents or the investigation of complex scientific issues, and it was therefore not appropriate to order trial by judge alone.

Practice Areas

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