In the trial, the complainant sought damages against the police for various alleged acts of malpractice. The judge ordered trial before a jury under the section, but it later became clear that detailed consideration would be required of scientific evidence, and the judge ordered trial by judge without a jury. On appeal the court felt that though the general nature of the issues suggested trial before a jury, the new evidence issues did suggest the judge’s order. A split trial might have been possible, but both parties had opposed that option. In the circumstances, the decision was a matter for the judge’s discretion, and was not to be set aside.
Citations:
Gazette 11-Nov-1998, [1998] EWCA Civ 1555
Statutes:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 25 November 2022; Ref: scu.145034
