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Alexander v Arts Council of Wales
Comment
The decision on withdrawing the issue of malice is unremarkable. However, the court's obiter comments on a judge's powers where he concludes that, for instance, an article can only be defamatory are of interest. Whilst perhaps revolutionary the practical impact of such a ruling may be limited. For instance, even where a judge concluded that the words complained of could only be defamatory a jury would still be required in order to determine their precise meaning and, in the absence of or rejection of a contested defence, the quantum of damages.