Neill LJ said: ‘A balance has to be struck between the legitimate defence of free speech and free comment on the one hand and on the other hand the costs which may be involved if every peripheral issue is examined and debated at the trial.’ and adopted the fourth principle form Polly Peck in these terms: ‘The fourth principle is that the trial of the action should concern itself with the essential issues and the evidence relevant thereto and that public policy and the interest of the parties require that the trial should be kept strictly to the issues necessary for a fair determination of the dispute between the parties.’ and that ‘there had been a great deal of criticism both in appellate courts and more generally about the length of the trial of libel actions and about their expense and complexity. It might well be that in the past insufficient attention had been paid to the importance and relevance of that principle.’
Judges:
Neill LJ
Citations:
Times 19-Jun-1992, [1992] TLR 302
Jurisdiction:
England and Wales
Citing:
Cited – Polly Peck PLC v Trelford CA 1986
The plaintiffs complained of the whole of one article and parts of two other articles published about them in The Observer. The defamatory sting was that Mr Asil Nadir (the fourth plaintiff) had deceived or negligently misled shareholders, . .
Cited by:
Cited – Tesco Stores Ltd v Guardian News and Media Ltd and Another QBD 29-Jul-2008
The defendant newspaper published articles making allegations as to the use of offshore tax avoidance arrangements. The claimant sought damages also in malicious falsehood. The defendants sought to rely on an offer of amends served only a few . .
Cited – McKeith v News Group Newspapers Ltd QBD 14-Jun-2005
. .
Cited – Prince Radu of Hohenzollern v Houston and Another (No 4) QBD 4-Mar-2009
Orders were sought to strike out part of the defendants defence of justification to an allegation of defamation.
Held: Where there remains the possibility of a jury trial, it becomes especially important to identify the issues the jurors are . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 18 June 2022; Ref: scu.276503