Cases

Alexander v Arts Council of Wales

Held

(1) The Judge was right to conclude that that the primary facts which emerged during the trial were not capable of supporting an inference of malice. (2) Whilst CPR 24 could not be used to take away issues from the jury because it was not statute-based, whereas the right to a trial by jury was (s.69 Supreme Court Act 1981) the Judge could take an issue away from the jury if no reasonable jury properly directed could reach the decision contended for. Furthermore, a Judge could conclude that no reasonably jury properly directed could fail to reach a decision contended for. For instance, a Judge could conclude that no reasonable jury properly directed could conclude that an article was other than defamatory of the claimant.

Also