Cases

Armstrong v Times Newspapers Ltd & Others (No.2)


Facts

In June 2004, The Sunday Times published an article about the cyclist, Lance Armstrong, entitled "LA Confidential". The Claimant contended that the article suggested that he was guilty of taking performance enhancing drugs. The Defendants' "grounds to investigate" meaning (Chase Level 3) had been struck out in December 2004 leaving the parameters of meaning between guilt (the Claimant's meaning) and "reasonable grounds to suspect" (the Defendants' meaning). The Court also dismissed the Reynolds defence under Part 24 although this decision was reversed by the Court of Appeal in July 2005. The Claimant applied (a) for trial by Judge alone; and (b) that meaning should be determined as a preliminary issue. The Defendants conceded that Reynolds and justification should be tried by judge alone, but contended that meaning should be tried by a jury.

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