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Armstrong v Times Newspapers Ltd & Others (CA)
Held
(1) Applying Three Rivers DC v Bank of England (No 3) [2001] UKHL 16; [2003] 2 AC 1 §95, it was not appropriate to dispose of the Reynolds defence at the Part 24 stage. The Judge had not assumed all disputed facts in the Defendants' favour and the matter needed full investigation at trial; (2) the Defendants were granted permission to amend their Defence to reformulate the Reynolds defence in accordance with the Court's ruling; (3) some of the particulars of justification struck out by the Judge could be restored; in some instances with amendment (where appropriate). Appeal allowed in part.