Ward v. James
England and Wales Court of Appeal
[1966] 1 QB 273 (1965)
- Written by Elliot Stern, JD
Facts
Thomas Ward (plaintiff) was a passenger in a car driven by Brynley James (defendant) when the car overturned, causing severe injury to Ward and leaving him quadriplegic. Ward initiated an action against James, alleging that James had been negligent in driving the car and seeking damages. Ward requested a trial by jury, and the court granted the request. James appealed the decision to proceed with a trial by jury, but the appeal was dismissed. Fifteen months later, as the trial was about to start, James petitioned the England and Wales Court of Appeal for leave to appeal the dismissal of his initial appeal in which he had sought a trial by judge. Two Court of Appeal judges granted leave to appeal and ordered a hearing by the full Court of Appeal.
Rule of Law
Issue
Holding and Reasoning (Denning, C.J.)
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