Source: All England Reporter
Publisher Citation: [2002] All ER (D) 338 (Jul)
Court: Court of Appeal, Civil Division

Brooke, Dyson LJJ and Wall J

Representation Mark Warby QC and Jacob Dean (instructed by Farrer & Co) for the defendant.
  Andrew Caldecott QC and Manuel Barca (instructed by Goodman Derrick) for the claimant.
Judgment Dates: 24 July 2002


Practice - Trial - Libel - Claimant television reporter bringing action in respect of report by defendant on programme - Defendant relying on qualified privilege - Defendants applying for directions for trial of preliminary issues on issue of qualified privilege - Whether preliminary issues should be ordered in respect of issue of qualified privilege in advance of main trial.

The Case

There was no new rule of practice to the effect that courts should direct issues of qualified privilege to be heard in advance of the main trial of a defamation action. Nothing in the authorities should be interpreted as removing the discretion of the trial judge at a case management conference to give the directions he considered to be appropriate for the management of the individual case.

Practice Areas

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