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Armstrong v Times Newspapers Ltd & Others (CA)
Comment
One of the many unsatisfactory areas of the Reynolds defence is the lack of clarity over the proper roles of judge and jury. This is crucial to understanding the circumstances in which Reynolds defences can be disposed of at the Part 24 stage. The only detailed analysis of the delineation of responsibility between judge and jury was Eady J's judgment in Galloway. It is clear from Gilbert v MGN Ltd and Lukowiak v Unidad Editorial SA [2001] EMLR 1043 that Reynolds defences are susceptible to summary judgment (whether for or against the Defendant). The Court of Appeal's decision in this case contributes little to guiding first instance judges on when it is and when it is not appropriate to do so.