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Administration of Justice Act 1920

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This is the original version (as it was originally enacted).

3Trial by jury in county courts and other inferior courts of civil jurisdiction

(1)Where, in any action or other matter whatsoever requiring to be tried in a county court or any other inferior court of civil jurisdiction,- the court or a judge is satisfied, on an application made by either party to the proceedings in accordance with rules of court, that the action or matter cannot as conveniently be tried with a jury as without a jury, the court or a judge shall, subject as hereinafter provided, have power, notwithstanding anything in any Act, to order the trial of the action or matter without a jury :

Provided that—

(a)no order for trial without a jury shall be "made where the action or matter is one in the case of which, if it were tried in the High Court, there would be no power under the provisions of this Act to order a trial without a jury; and

(b)no such order shall be made without the consent of both parties, where the action or matter is one in the case of which, if it were tried in the High Court, there would be no power under the provisions of this Act to make such an order except with the consent of both parties,

(2)Notwithstanding anything in any Act, it shall not be lawful for any party in a county court or any other inferior court of civil jurisdiction to require any action or other matter arising under the [10 & 11 Geo. 5. c. 17.] Increase of Rent and Mortgage Interest (Restrictions) Act, 1920, to be tried with a jury.

(3)This section shall come into operation on the date on which the [8 & 9 Geo. 5. c. 23.] Juries Act, 1918, expires, or, if His Majesty by Order in Council so directs, on such earlier date as may be specified in the Order, and, if any Order is so made, sections three and four of the Juries Act, 1918, shall cease to have effect on the date so specified.

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