(1)In the following proceedings in [F1the 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) M1Act 1976, or
(ii)under any provision of the M2Rent Act 1977 other than a provision contained in Part V, sections 103 to 106 or Part IX, or
(iii)under Part I of the M3Protection from Eviction Act 1977; [F2or
(iv)under Part I of the Housing Act 1988]
(c)any appeal to the county court under [F3the Housing Act 1985].
(2)In all other proceedings in [F1the 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 F4... 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 [F1the county court] , such fees as may be prescribed by [F5an order under section 92 of the Courts Act 2003 (fees)].
Textual Amendments
F1Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2S. 66(1)(b)(iv) inserted by Housing Act 1988 (c. 50, SIF 61:1), s. 140, Sch. 17 para. 35(1)
F3Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 57(2)
F4Words in s. 66(3)(b) omitted (1.1.2014) by virtue of Defamation Act 2013 (c. 26), ss. 11(2), 17(4) (with s. 16(7)); S.I. 2013/3027, art. 2
F5Words in s. 66(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110(1), Sch. 8 para. 271; S.I. 2005/910, art. 3
Marginal Citations