... be ignored. However with jury's facing increasing claims of both unpredictability and unnecessary expense, perhaps the time has come to discard this problematic form of trial. Trial by jury in defamation actions has come under repeated attack in recent years. In 'Goldsmith v Pressdram Ltd'2 it was suggested that the present emphasis should be against trial by jury in defamation cases. These criticisms have mainly focused on the fundamental right to trial by jury and the subsequent problems associated with this right namely the award of damages. Due to time constraints this essay will predominantly focus on these issues. The right to a trial by jury is now enshrined in the 1981 supreme court Act s69 (1) ''Where, on the application of any party to an action to be tried in the Queen's Bench Division, the court is satisfied that there is in issue (b) a claim in respect of libel, slander... ...

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