Orders of the Day — ADMINISTRATION OF JUSTICE BILL [Lords].

Part of the debate – in the House of Commons am ar 27 Gorffennaf 1923.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Thomas Inskip Mr Thomas Inskip , Bristol Central

Precisely the same right. In such cases as those of negligence, commonly called running down cases, and contract, subject to what I am going to say in a moment, they will be tried by a jury because no Judge will be able to say that they would be more fit to be tried by a Judge than by a jury. The cases in which a Judge would be most likely to say they were more fit to be tried by a Judge than by a jury would be where, without exactly saying there were a large number of documents which would require to be examined, which would bring the case under a different rule, there were considerations which it was difficult for the jury to appreciate without close opportunities of examining perhaps a plan, or one or two plans, which the Judge might have. The case which occurs to one is a case of fraud which I remember was brought in connection with the working of a colliery. It did not involve a very large number of working plans, but it involved a certain amount of mining and technical knowledge. If my right hon. Friend's wish was followed a litigant would have an indefeasible right to have that case tried by a jury. I think what would usually happen is what has happened in the experience of most of us, that 12 honest men would be summoned there to hear the opening and at the end of two days it would be recognised that it was really impossible to decide the case by a jury, and everyone would agree to dismiss the jury and the case would go on before the Judge, as, indeed, it ought to do and will do under this Bill, because it would be more fit to be tried by a Judge than by a jury. I am sure my right hon. Friend will bear me out that there are innumerable cases within his experience where that has happened. The parties have applied for a jury and have got a jury under the old system, and when he and the Judge and his opponent in the case have considered the matter broadly, they have all agreed to dispense with the services the jury can render.