Special Problems with using juries in Civil Cases

Question 1

What are the 4 problems with using juries in civil cases?

Answer 1

1) Amount of damages
2) Unreasoned decision
3) Bias
4) Cost

Question 2

What 2 things do the jury decided in civil cases?

Answer 2

• the liability

- amount go damages that will be awarded

Question 3

Why can the amount of damages awarded by the jury vary?

Answer 3

as they do not follow past cases

Question 4

Why is it a disadvantage for the amount of damages to be awarded to the victim to vary for lawyers?

Answer 4

as it is unpredictable therefore lawyers are unable to advise on settlements

Question 5

What did judges do in personal injury cases when there is damages to be awarded which juries do not?

Answer 5

They look back on past awards when deciding damages in personal injury cases and then apply an inflation factor so that there is consistency

Question 6

What did one judge refer to the juries awards in defamation cases ?

Answer 6

called it “mickey mouse” money

Question 7

What powers do the Court of Appeal have been juries have awarded civil cases too much in damages which is seen as excessive and inadequate ?

Answer 7

-to order a new trial

Question 8

Why might the Court of Appeal order a new retail for a civil case for amount of damages awarded?

Answer 8

If they feel the amount awarded was excessive or inadequate

Question 9

When was the power of the Court of Appeal to order a new trial to cases they felt the juries award was excessive first used.

Answer 9

in a case brought by the MP Teresa Gorman in

Question 10

What happened in the case of Rantzen v Mirror Group Newspapers 1993 in regard to the amount of damages?

Answer 10

• Rantzen founder of “Childline” over allegations that she had deliberately kept quiet about the activities of a suspected child abuser
• Court of Appeal reduced the award from £250,000 to £110,000

Question 11

Why is it a problem that juries in civil cases give an unreasoned decision?

Answer 11

They do not have to give a reason either for its decision or for the amount it awards

Question 12

Why is it more beneficial to give a judgement ?

Answer 12

this makes it easier to see if there are good grounds for an appeal

Question 13

How can there be bias held by the jury towards defendants?

Answer 13

The defendant may be a public figure who jurors may know and possibly hold views about

Question 14

Why may there be bias from the jury towards a newspaper?

Answer 14

They may feel that ‘they can afford to pay’

Question 15

How is the trial by jury expensive for the losing party?

Answer 15

They will have to pay all the costs of the case which may amount to hundreds of thousands of pounds

Question 16

Who has introduced more reforms so that defamation cases are less costly?

Answer 16

the Lord Chancellor

Question 17

How is the increased jurisdiction of the County Court an advantage to parties undergoing a trial by jury?

Answer 17

as they can now agree that their case should be transferred to the County Court which is less expensive than a jury trial in the High Court

Question 18

How many jurors are used in the County Court?

Answer 18

8

Question 19

Other than parties agreeing for their case to be heard in the County Court, what was the second reform the Lord Chancellor made in order to reform defamation cases to be less costly?

Answer 19

Parties may also agree to the case being tried by a judge alone without a jury

Question 20

What does the Defamation Act 1996 allow?

Answer 20

This allows the claimant to seek a limited sum (up to £10,000) in a quick procedure dealt with by a judge

Question 21

Who is the Defamation Act 1996 beneficial to?

Answer 21

those who want to clear their name and receive immediate compensation at a lower cost to do so

Question 22

Up to what amount does the Defamation Act 1996 allow the claimant to seek?

Answer 22

up to £10,000