Cases

Fiddes v Channel Four Television Corporation & Ors (No 2) (CA)


Facts

C had brought a claim in libel over a documentary about the Jackson family's proposed move to Devon. The issues in dispute between the parties in the case were meaning, justification, fair comment, malice, republication and aggravated damages.

Tugendhat J decided that there would be prolonged examination of documents and underlying film footage at trial which could not conveniently be made with a jury, which satisfied the first and second hurdles under s.69. The Judge then, having regard to a number of considerations, decided he should exercise his discretion in favour of trial by judge alone. He said that his mind had wavered during the court of the hearing and that he had 'not found this case an easy one to decide'.

C appealed.

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