Pease v George

JurisdictionEngland & Wales
Judgment Date07 March 1960
Judgment citation (vLex)[1960] EWCA Civ J0307-1
CourtCourt of Appeal
Date07 March 1960

[1960] EWCA Civ J0307-1

In The Supreme Court of Judicature

Court of Appeal


Lord Justice Sellers,

Lord Justice Ormerod and

Lord Justice Upjohn.


MR DRINKWATER (instructed by Messrs White & Co.) appeared as Counsel on behalf of the Applicant (Plaintiff).

MR E.W. EVELEIGH (instructed by Messrs L. Bingham & Co.) appeared as Counsel on behalf of the Respondent (Defendant).


( on original Motion.)


This is a case where the Plaintiff sought to have an action for damages for personal injuries incurred through a road accident tried by a jury. The application was refused by the Master, and, on appeal to Mr. Justice Hinchcliffe, he likewise in his discretion refused to order a jury. There may be much to be said for having a jury in this particular case where the injuries are very grave indeed, and there is some judicial authority to indicate that a jury is not an improper or unreasonable mode of trial in such circumstances. But, while there was ample power in the learned Judge to have ordered trial by jury in this particular case, he took the view that it was not one in which he would do so, and it seems that under the Rules, Order 36, Rule 1(3), it is in the discretion of the Court or the Judge to decide one way or the other, and that is an absolute discretion. The decision of Hope v. Great Western Railway, 1937, 2 King's Bench, page 130 — a decision of a Court of five Judges of the Court of Appeal — held that this Court would not interfere with the discretion in such circumstances. No doubt if it was, in the view of this Court, going to create any real injustice, the principle of Evans v. Barton might be invoked. But I can see no injustice in this particular action being tried by a learned Judge alone, as the Judge below ordered.


This application, therefore, must be refused.


I agree.


I agree.


( ).

To continue reading

Request your trial
2 cases
  • Ward v James
    • United Kingdom
    • Court of Appeal
    • 25 January 1965
    ...weight; see Dolby v. Goodwin, (1955) 1 Weekly Law Reports, at page 553, Burrows v. Metal bex Company in 1956, (Kemp & Kemp, page 528) and Page v. George, (1960) 1 Weekly Law Reports, page 427. Recent experience has led to some doubts being held on this score. It begins to look as if a jury ......
  • Sims v William Howard & Son Ltd
    • United Kingdom
    • Court of Appeal
    • 17 February 1964
    ...these cases it is no longer right to treat serious injuries as particularly suitable for trial by jury. I prefer to take as my guidance Pease v. George, 1960, 1 Weekly Law Reports, page 427. There were very serious injuries indeed. The Judge in Chambers ordered trial by Judge alone. This Co......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT