HC Deb 14 December 1938 vol 342 cc2004-5W
Mr. Parker

asked the Attorney-General on what principle are juries granted in actions in the High Court for damages for negligence and breach of Factory Act Regulations; whether this depends solely on the discretion of a judge or master; and why it is not possible to obtain a jury in actions of the same nature in the county courts?

The Attorney-General

In the classes of action to which the hon. Member refers, both the High Court and the county court are given by Statute a discretion whether to order the trial to be with a jury or without. No principles are laid down for the exercise of the discretion, and each case is decided on its own facts. The discretion is exercised in the High Court by a master, and in the county court by the registrar, unless the judge has directed the application for a jury to be heard by the judge. A party dissatisfied with the order of a master or registrar has a right of appeal to a judge.

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