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Charman v Orion Publishing Group & others
Comment
The application under s.69 was made at the Case Management Conference at a stage when only the pleadings stage had been completed. Disclosure had not taken place. The Defendants' complaints that it was premature to rule on mode of trial were rejected by the Judge. The decision stands as a very stark example of the willingness of the Court to assess, at a very early stage, whether the issues in the case required such a prolonged examination of documents that it could not conveniently be tried by a jury. The Court's conclusion that the jury's need to read the book could itself count as prolonged examination of documents does not necessarily sit easily with the authorities which suggest that the jury - as ordinary reasonable readers - should read the book through once.