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Defamation cases in the Circuit Court - Jury?

  • 01-09-2012 11:17pm
    #1
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭


    Is there a jury in Circuit Court defamation cases? Where would I have found this out without asking you folks?

    Many Thanks!


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    No. Hadn't been for quite some years.

    Jury actions are limited to Defamation & False Imprisonment in the High Court.

    Tom


  • #3
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Thanks Tom.

    Can a plaintiff elect to have a case heard before a jury, in the high court, where the damages are under €38,100?


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Procrastastudy wrote: »
    Thanks Tom.

    Can a plaintiff elect to have a case heard before a jury, in the high court, where the damages are under €38,100?

    Limit in Defamation actions in the Circuit is now assessed at €50k, since the 2009 Act.

    For the details as to the genesis of your query see s.94 of the Courts of Justice Act 1924, as amended by s.1 of the Courts Act 1988.

    I hope you're not advising on a Defamation ;)


  • #5
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Tom Young wrote: »
    Procrastastudy wrote: »
    Thanks Tom.

    Can a plaintiff elect to have a case heard before a jury, in the high court, where the damages are under €38,100?

    Limit in Defamation actions in the Circuit is now assessed at €50k, since the 2009 Act.

    For the details as to the genesis of your query see s.94 of the Courts of Justice Act 1924, as amended by s.1 of the Courts Act 1988.

    I hope you're not advising on a Defamation ;)

    s.41 of the 2009 Act is where Circuit rules can be found.


  • #6
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Tom Young wrote: »
    Limit in Defamation actions in the Circuit is now assessed at €50k, since the 2009 Act.

    For the details as to the genesis of your query see s.94 of the Courts of Justice Act 1924, as amended by s.1 of the Courts Act 1988.

    I hope you're not advising on a Defamation ;)

    Jesus No - Even I'm not that daft. Someone asked about why Menupages wouldn't post reviews that commented on hygiene - in doing a bit of revision for my (quite possibly inaccurate answer) I remembered I'd never got these questions answered during first year. You've also put me on to the false imprisonment one - I think I'm going to have to revisit Tort in some detail.

    Thanks again!


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  • #7
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Tom Young wrote: »
    s.41 of the 2009 Act is where Circuit rules can be found.

    I'd actually managed to find that one - it didn't mention the Jury though. I also clocked it was €50,000 which does make me wonder why I then couldn't hold that thought in my head for the 8 seconds it took me to write he post with 38,100 in it.


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