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Judicature (Northern Ireland) Act 1978
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- 1978 c. 23
- Part V
- Section 62
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Changes over time for: Section 62
Version Superseded: 12/04/2010
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- 01/02/1991- Amendment
- 13/06/1991
Point in time - 12/04/2010- Amendment
- 25/06/2013- Amendment
- 07/06/2022- Amendment
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Judicature (Northern Ireland) Act 1978, Section 62 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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62 Trial with and without jury.U.K.
(1)Subject to subsection (2), an action or an issue of fact in an action in the High Court in which a claim is made in respect of—
(a)libel;
(b)slander;
(c)malicious prosecution;
(d)false imprisonment;
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
shall, if any party to the action so requests, be tried with a jury.
(2)The court may, on the application of any party to an action referred to in subsection (1), order that the action or any issue of fact in the action shall be tried without a jury if it is of opinion that such trial—
(a)will substantially involve matters of account;
(b)will require any protracted examination of documents or accounts or any technical, scientific or local investigation which cannot conveniently be made with a jury;
(c)will be unduly prolonged; or
(d)is for any special reason (to be mentioned in the order) unsuitable to be tried with a jury.
(3)Subject to subsection (4), any other action or any issue of fact therein shall be tried without a jury.
(4)The court may, in any action referred to in subsection (3) order that the action or any issue of fact in the action shall be tried with a jury if it is of opinion that by reason of an allegation of actual fraud or actual undue influence or for some other reason the trial may more suitably be had with a jury.
(5)Subject to subsections (1) and (3), the High Court may in accordance with rules of court order that different questions of fact arising in any action be tried at different times or by different modes of trial.
(6)Her Majesty may by Order in Council from time to time amend this section so as to alter the classes of action in which and the terms and conditions on which a trial shall or may be had with a jury.
(7)No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been approved by resolution of each House of Parliament.
Textual Amendments
F1S. 62(1)(e) repealed by S.I. 1987/1283, art. 2
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