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'Critically evaluate the role of the jury in defamation actions. Is it time to move towards trial by judge alone, as in the vast majority of civil cases, and remove the unnecessary costs and unpredictability of jury trial in defamation cases.'
Member rating: No Rating | Words: | Submitted: Wed Apr 07 2004
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'Critically evaluate the role of the jury in defamation actions. Is it time to move towards trial by judge alone, as in the vast majority of civil cases, and remove the unnecessary costs and unpredictability of jury trial in defamation cases.' ''...There is now a considerable body of opinion among the senior judiciary that such matters should be taken away from juries... Juries are not now looked at with the same favour as a decade ago.''1 Trial by jury in defamation cases is a fundamental right initially preserved by the Administration of Justice (miscellaneous provisions) Act 1933. However since then the use of trial by jury has faced repeated attack. The Faulks Committee of 1974 recommended the use of the jury in defamation cases, only at the judge's discretion, however as yet this has not been adopted. Further attempts to limit the use of the jury have culminated in s.69 (1)...
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