Daniel Feetham QC Jemma Emmerson, both representing the daily newspaper Panorama and reporter Leo Olivero, have successfully defended the right to jury trials in defamation cases in Gibraltar.
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Judgment was delivered today in the Supreme Court of Gibraltar in the context of a libel claim brought against our clients. The case is an important one both for the rights of parties in defamation cases and constitutionally. It establishes that the right to trial by jury is of such fundamental importance that it cannot be abrogated simply because the Westminster Parliament abolished it in England and Wales, even though in Gibraltar we normally follow English practice and procedure.
The abolition of the right to jury trial in defamation cases would, therefore, require legislation by our own Parliament.
The judgment can be seen here.
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