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Judicature (Northern Ireland) Act 1978

Status:

This is the original version (as it was originally enacted).

62Trial with and without jury

(1)Subject to subsection (2), an action or an issue of fact in an action in the High Court in which a claim is made in respect of—

(a)libel;

(b)slander;

(c)malicious prosecution;

(d)false imprisonment;

(e)personal injury or death alleged to have been caused by negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract, or of provision made by or under a statutory provision or independently of any contract or any such provision),

shall, if any party to the action so requests, be tried with a jury.

(2)The court may, on the application of any party to an action referred to in subsection (1), order that the action or any (issue of fact in the action shall be tried without a jury if it is of opinion that such trial—

(a)will substantially involve matters of account;

(b)will require any protracted examination of documents or accounts or any technical, scientific or local investigation which cannot conveniently be made with a jury;

(c)will be unduly prolonged ; or

(d)is for any special reason (to be mentioned in the order) unsuitable to be tried with a jury.

(3)Subject to subsection (4), any other action or any issue of fact therein shall be tried without a jury.

(4)The court may, in any action referred to in subsection (3), order that the action or any issue of fact in the action shall be tried with a jury if it is of opinion that by reason of an allegation of actual fraud or actual undue influence or for some other reason the trial may more suitably be had with a jury.

(5)Subject to subsections (1) and (3), the High Court may in accordance with rules of court order that different questions of fact arising in any action be tried at different times or by different modes of trial.

(6)Her Majesty may by Order in Council from time to time amend this section so as to alter the classes of action in which and the terms and conditions on which a trial shall or may be had with a jury.

(7)No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been approved by resolution of each House of Parliament.

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