Law, politics, Uncategorized, women

Prince Andrew’s Jury Trial

Whilst I welcome the opportunity which Prince Andrew has to a jury trial in relation to the allegations against him, I regret the fact that civil litigants in the UK are denied that same right. When I began my legal career back in the early 1970s around 3% of civil high court trials took place with the jury, mainly, but not exclusively where the allegations were ones of defamation. Now that has all gone. The reason why judges and politicians dislike the jury system is that it introduces the human concept of right and wrong into what would otherwise be the dry application of abstract law to a set of facts. In other words, it gives citizens too much power in the judicial system. The landmark case which abolished juries in civil cases was the Court of Appeal decision in Ward v James 1966. However Ward v James was primarily concerned only with personal injury claims in which there was little factual dispute. Only whether there was liability and, if so, how much damages should be awarded. But Denning also said, “Let it not be supposed that this court is in any way opposed to trial by jury. It has been the bulwark of our liberties for too long for any of us to seek to alter it. Whenever a man is on trial for a serious crime, or when in a civil case a man’s integrity is at stake or where one or other party must be lying, then a trial by jury has no equal”.

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