||All England Reporter
|| All ER (D) 66 (Jul)
|| EWCA Civ 941
||Court of Appeal, Civil Division
Waller and Robert Walker LJJ
||Patrick Moloney QC and Catrin Evans (instructed by Russell Jones & Walker) for the claimant.
||Desmond Browne QC and Matthew Nicklin (instructed by D J Freeman) for the defendant.
||4 July 2002
Practice - Trial - Trial by jury - Libel - Trial of action requiring prolonged examination of documents - Trial by judge alone - Judge refusing defendant's application for issues of qualified privilege, malice and damages to be heard by a jury - Whether judge in error - s 69(1)(c).
In the instant case, having found as a fact that a libel trial required a prolonged examination of documents which could not conveniently be made with a jury, the judge's exercise of discretion not to allow the defendant's application for issues of qualified privilege, malice and damages to be heard by a jury had been unimpeachable.
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