Cases

Burstein v Times Newspapers Ltd

Held

Some of the particulars should not have been struck out. The jury had been left to assess damages in blinkers. The particulars were admissible as facts directly relevant to the context in which the defamatory publication had come to be made. The admissibility of such matters, though properly characterised as an issue of law, was heavily affected by questions of procedural fairness and case management. In the event, however, the jury's award would stand as the Court was not persuaded that it would have been any lower if the material had not been excluded. Nor was the judge's decision not to order a summary disposal wrong.

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