[2012] EWCA Civ 956

Where a libel case against the police had been listed for hearing before a judge and jury, but the chief constable had lost the right to a jury trial because of a failure to comply with CPR r.26.11, a judge had been entitled to refuse to exercise his discretion under the Senior Courts Act 1981 s.69(3) to order a jury trial on the basis that the advantage of having a reasoned judicial finding rather than a jury verdict was a factor which outweighed all others.

CA (Civ Div) (Maurice Kay LJ, Hooper LJ, Henderson J)

19/07/2012