The Court of Appeal allowed an appeal against an order for the trial of a preliminary issue, since in its view the issue of privilege the subject of the order might require for its determination an investigation of fact in greater detail than the facts alleged in the statement of claim, on the basis of which alone the preliminary issue was to be tried.
The court considered the disadvantages of a trial by jury of a defamation case where the issues involved complications of law.
Lord Denning MR said that important and disputed constitutional points of law should not be taken by a court when it is unnecessary to the result of the proceedings and when conditions for deciding it are not ideal.
Judges:
Lord Denning MR
Citations:
[1967] 1QB 620
Cited by:
Cited – McGrath v Independent Print Ltd QBD 26-Jul-2013
The claimant alleged defamation in an article on the defendant’s web-site discussing a failure of his earlier defamation action. He now sought directions for a jury trial. . .
Lists of cited by and citing cases may be incomplete.
Defamation, Litigation Practice
Updated: 04 May 2022; Ref: scu.543799