Swann v Morrison [2023] NICA 19 (28 March 2023)

Swann v Morrison [2023] NICA 19 (28 March 2023)

The judge erred in aggregating facts and issues of two actions to deny the right to jury trial; section 62(2)(d) requires special reasons to be special to the facts of the individual action, not extraneous linkage; none of the statutory exceptions to jury trial were satisfied in either action.

Citation
[2023] NICA 19
Parties
Plaintiff/respondent: Robin Swann; Defendant/appellant: George Ivan Morrison; Plaintiff/appellant: George Ivan Morrison; Defendant/respondent: Robin Swann; Defendant/respondent: Department of Health
Jurisdiction
Northern Ireland
Judgment Date
28 March 2023
Procedural Posture
Appeal From Interlocutory Orders in Defamation Actions / Court of Appeal Judgment
Outcome
Appeal allowed; cross appeals dismissed
Legal Topics
Mode of Trial, Jury Trial, Statutory Interpretation, Consolidation of Actions
Defamation Civil Procedure Mode of Trial Jury Trial Statutory Interpretation Consolidation of Actions

Case Brief

Summary, issues, holding and outcome

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Parties

Robin Swann

Plaintiff/respondent

George Ivan Morrison

Defendant/appellant

George Ivan Morrison

Plaintiff/appellant

Robin Swann

Defendant/respondent

Department of Health

Defendant/respondent

Procedural Posture

Appeal From Interlocutory Orders in Defamation Actions / Court of Appeal Judgment

Legal Issues

  1. 1 Whether judge was correct to order judge-only trials for special reason under section 62(2)(d) of the Judicature (Northern Ireland) Act 1978
  2. 2 Whether linkage between two actions constitutes a special reason to displace presumptive right to jury trial
  3. 3 Whether complexity or prolongation justifies judge-only trial

Ratio Decidendi

The judge erred in aggregating facts and issues of two actions to deny the right to jury trial; section 62(2)(d) requires special reasons to be special to the facts of the individual action, not extraneous linkage; none of the statutory exceptions to jury trial were satisfied in either action.

Court Disposition

Appeal allowed; cross appeals dismissed

Orders

  • Orders for judge-only trial rescinded
  • Parties may apply under Order 33 and section 62(2) for mode of trial