Where a jury in a defamation trial finds that an imputation was conveyed but not defamatory, and the conveyance of the imputation was reasonably arguable, success on appeal against the defamatory character finding will ordinarily lead to remission of both questions to a new jury rather than substitution of the jury's answers. An application to expedite an appeal to avoid disruption to an ongoing bifurcated trial will not be granted where the likely remedy on appeal would not achieve that objective.
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