The plaintiff in a personal injury claim sought assessment of his damages by a jury. The judge held at first instance that this was a matter for his discretion under the Act, and exercised it in favour of the plaintiff.
Held: The defendant’s appeal suceeded. The Act in section 69(3) introduced a bias against jury trials in civil cases where they did not fall under section 69(1), and a jury trial would be appropriate only in exceptional cases. The assessment of damages in personal injury trials was one of comparison of the injury as against a table of comparable injuries. A jury trial was inappropriate in this case.
Citations:
[1991] 2 All ER 834, [1991] 2 WLR 1192
Statutes:
Supreme Court Act 1981 69(3) 69(1)
Jurisdiction:
England and Wales
Litigation Practice, Personal Injury
Updated: 12 May 2022; Ref: scu.189958
