Bush v Caribbean Asphalt Contractors Ltd

• Jurisdiction: Cayman Islands
• Judge: Moody, Shelley and Luckhoo, JJ.A.
• Judgment Date: 30 July 1969
• Date: 30 July 1969
• Court: Court of Appeal (Cayman Islands)

(C.A.

Moody, Shelley and Luckhoo, JJ.A.

Bush

and

Caribbean Asphalt Contractors Ltd.

CIVIL PROCEDURE

JURY TRIAL-burden of showing suitability

Under the Judicature (Administration of Justice) Law (cap. 74), s.138, the burden of showing that a case is fit and suitable for trial by jury, due regard being had to the surrounding circumstances, lies on the appellant (Farrington v. Brandon, 1952-79 CILR 113, applied). Exceptional circumstances are required before a personal injury action is suitable for trial by jury (Ward v. James, [1966] 1 Q.B. 273, applied).

(C.A.

Moody, Shelley and Luckhoo, JJ.A.

Bush

and

Caribbean Asphalt Contractors Ltd.

CIVIL PROCEDURE

JURY TRIAL-burden of showing suitability

Under the Judicature (Administration of Justice) Law (cap. 74), s.138, the burden of showing that a case is fit and suitable for trial by jury, due regard being had to the surrounding circumstances, lies on the appellant (Farrington v. Brandon, 1952-79 CILR 113, applied). Exceptional circumstances are required before a personal injury action is suitable for trial by jury (Ward v. James, [1966] 1 Q.B. 273, applied).