Judicature Acts - Juries

Juries

Another change was made by the rules of 1883, which was regarded by some common law lawyers as revolutionary. Formerly every issue of fact in a common law action, including the amount of damage, had to be decided by the verdict of a jury. "The effect of the rules of 1883," said Lord Lindley, who was a member of the rule committee, "was to make trial without a jury the normal mode of trial, except where trial with a jury is ordered under rules 6 or 7a, or may be had without an order under rule 2". The effect of the rules may be thus summarised:

• In the Chancery division no trial by jury unless ordered by the judge.
• Generally the judge may order trial without a jury of any cause or issue, which before the Judicature Act might have been so tried without consent of parties, or which involves prolonged investigation of documents or accounts, or scientific or local investigation.
• Either party has a right to a jury in actions of slander, libel, false imprisonment, malicious prosecution, seduction or breach of promise of marriage, upon notice without order;
• or in any other action, by order.
• Subject as above, actions are to be tried without a jury unless the judge, of his own motion, otherwise orders.