Cases

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

Held

Ordering trial by judge alone; (1) Although there were strong arguments to support the view that there was no such jurisdiction, in Phillips v Commissioner of Police for the Metropolis [2003] EWCA Civ 382 appeared to be satisfied that there was and such an order had been made in Gregson v Channel Four Television. In light of those authorities, despite the very persuasive arguments to the contrary, the Court had to proceed on the basis that there was jurisdiction to order a preliminary issue to be tried with a jury. (2) Exercising the discretion whether to order jury trial, the Court held that the inconveniences, particularly the difficulties of the jury articulating the single meaning in accordance with Slim v Daily Telegraph [1968] 2 QB 157, outweighed the advantages.

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