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Juries Act 1918

As Enacted Cited authorities 4 Cited in Amendments 5 Related
Vincent
JurisdictionUK Non-devolved
Citation1918 c. 23


Juries Act, 1918

(8 & 9 Geo. 5.) CHAPTER 23.

An Act to limit the right to a jury in certain civil cases, to raise the age for jury service, to amend the Law with respect to the preparation and publication of jury lists, and to enable coroners' inquests in certain cases to be held without a jury.

[30th July 1918]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Limitation of jury trials in the High Court.

1 Limitation of jury trials in the High Court.

1. Subject to the provisions of this Act every action, counterclaim, issue, cause, or matter, in the High Court in England requiring to be tried shall be tried by a judge alone without a jury:

Provided that—

a ) nothing in this section shall affect any power to order a trial by two or more judges or by a judge sitting with assessors, or by an official or special referee with or without assessors, or by an officer of the court; and
b ) in the case of any action, counter-claim, issue, cause or matter in which fraud is alleged or in which there is a claim in respect of libel, slander, malicious prosecution, false imprisonment, seduction, or breach of promise of marriage, either party shall on making application for the purpose in accordance with rules of court be entitled as of right to a trial with a jury; and
c ) if it appears to the court or a judge that any action counter-claim, cause, or matter or any question or issue therein, is more fit to be tried with a jury than without a jury, the court or a judge may, on an application for the purpose made by any party in accordance with rules of court, order accordingly and
d ) nothing in this section shall affect the right of any party under section twenty-eight of the Matrimonial Causes Act, 1857, to insist on having contested matters of fact tried with a jury, or the right of an heir at law, cited to appear in or otherwise made a party to a probate action, to a trial with a jury if he makes an application for the purpose in accordance with rules of court.
S-2 Assessment of damages.

2 Assessment of damages.

2. Notwithstanding any provision in any rules of court directing that on a judgment in default of appearance or defence a writ of enquiry shall issue to assess the damages or value of goods and damages, or either of them, or any mesne profits, arrears of rent, double value or damages, such a writ shall not issue without the leave of the court or a judge, and, where such leave is not given, the damages, value, mesne profits or arrears shall be assessed by a master or a district registrar, or in such other manner as the court or a judge may direct:

Provided that where the claim is in respect of fraud, slander, malicious prosecution, false imprisonment, seduction, or breach of promise of marriage, either party shall, on application made in accordance with rules of court, be entitled to insist on the issue of a writ of enquiry.

S-3 Limitation of jury trials in the county courts.

3 Limitation of jury trials in the county courts.

3. Notwithstanding anything in...

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