The plaintiffs in a personal injury action moved to strike the defendants' jury notice due to the suspension of civil jury trials in London caused by the COVID-19 pandemic.
The action was scheduled for a four-week trial in May 2021.
The court balanced the defendants' substantive right to a jury trial against the prejudice of indefinite delay and the broader interests of the administration of justice.
The court ordered a conditional remedy: the jury notice is struck if the matter is called for a judge-alone trial in May 2021, but remains in place if the trial is not called due to a lack of judicial resources, with leave for the plaintiffs to renew the motion closer to the rescheduled date.
