||All England Reporter
|| All ER (D) 307 (Oct)
||Court of Appeal, Civil Division
Simon Brown, Buxton and Carnwath LJJ
||The claimant appeared in person
||Caroline Addy (instructed by Masons) for the defendants.
||22 October 2002
Defamation - Action - Striking out - Approach - CPR Pt 24.
Bearing in mind that in a libel action there was an emphasis based on the right to jury trial, the question which had to be answered on a Pt24 application was whether there was an issue of fact on which a jury could properly come to a conclusion in favour of the claimant. That question had to be answered having regard to the fact that a jury would have the advantage of seeing the witnesses giving evidence and being cross-examined. The judge, in the instant case, should have asked himself whether there was any evidence at all to challenge the first defendant's evidence and not decided that the claimant had no realistic prospect of establishing malice on the part of the first defendant.
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