There is a power to recall a civil jury after their discharge, and to set aside a verdict in order to correct an evident mistake. This power only exists for so long as the jury have not separated nor seen nor heard anything which they should not, as a jury, have seen or heard. The power cannot be exercised in circumstances which might amount to a change of mind. The judge should look carefully at the time elapsed, why further assistance was required, and what might have operated to change their minds. In this case there was a possibility of a clear misunderstanding, and the recall was proper.
Citations:
Times 20-Jul-2001, Gazette 31-Aug-2001, [2001] EWCA Civ 953
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 31 May 2022; Ref: scu.147583