Matt Carthy (Cavan-Monaghan, Sinn Fein)

I move amendment No. 6:

In page 6, lines 22 to 24, to delete all words from and including “a” in line 22 down to and including line 24 and substitute the following: “the court may, on the application of any party to a defamation action in the High Court, or a question of fact or an issue arising in such an action, order that the action or any issue of fact in the action shall be tried without a jury if it is of opinion that such trial—

(a) will require any protracted examination of documents or accounts or any technical, scientific or local investigation which cannot conveniently be made with a jury,

(b) is for any special reason (to be mentioned in the order) unsuitable to be tried with a jury.

(2) The court may, on the application of any party to a defamation action in the High Court, order that in matters which may involve substantial damages— (a) issues of fact shall be tried with a jury, and

(b) the quantum of any damages which may arise be adjudicated by the presiding judge.”.

See this speech in context