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Jury Trials (Scotland) Act 1815

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6 New trial how to be applied for.E+W+S+N.I.

In all cases in which an issue or issues shall have been directed to be tried by a jury, it shall be lawful and competent for the party who is dissatisfied with the verdict to apply to the division of the Court of Session which directed the issue for a new trial, on the ground of the verdict being contrary to evidence, on the ground of mis-direction of the judge, on the ground of the undue admission or rejection of evidence, on the ground of excess of damages, or of res noviter veniens ad notitiam, or for such other cause as is essential to the justice of the case:

[F1Provided that if the court shall be of opinion that the only ground for granting a new trial is either excess of damages or such inadequacy of damages as to show that a new trial is essential to the justice of the cause, it may grant a new trial which shall be restricted to the question of the amount of damages only.]

. . . F2

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F1Words added by S.I. 1965/1169 para. 1

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