Part III E+W Procedure

Juries E+W

66 Trial by jury. E+W

(1) In the following proceedings in a county court the trial shall be without a jury—

(a) Admiralty proceedings;

(b) proceedings arising—

(i) under Part I, II or III of the Rent (Agriculture) M1 Act 1976, or

(ii) under any provision of the M2 Rent Act 1977 other than a provision contained in Part V, sections 103 to 106 or Part IX, or

(iii) under Part I of the M3 Protection from Eviction Act 1977; [F1 or

(iv) under Part I of the Housing Act 1988]

(c) any appeal to the county court under [F2 the Housing Act 1985].

(2) In all other proceedings in a county court the trial shall be without a jury unless the court otherwise orders on an application made in that behalf by any party to the proceeings in such manner and within such time before the trial as may be prescribed.

(3) Where, on any such application, the court is satisfied that there is in issue—

(a) a charge of fraud against the party making the application; or

(b) a claim in respect of libel, slander, malicious prosecution or false imprisonment; or

(c) any question or issue of a kind prescribed for the purposes of this paragraph,

the action shall be tried with a jury, unless the court is of opinion that the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury.

(4) There shall be payable, in respect of the trial with a jury of proceedings in a county court, such fees as may be prescribed by the fees orders.

Textual Amendments

F1 S. 66(1)(b)(iv) inserted by Housing Act 1988 (c. 50, SIF 61:1), s. 140, Sch. 17 para. 35(1)

F2 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 57(2)

Marginal Citations

M1 1976 c. 80.

M2 1977 c. 42.

M3 1977 c. 43.