Full legislation
s.19
Consolidation of actions
(1)
It shall be competent for the Court of First Instance, on an application by or
on behalf of 2 or more defendants in actions in respect to the same, or
substantially the same, libel brought by one and the same person, to make an order
for the consolidation of such actions; and after such order has been made, and
before the trial of the said actions, the defendants in any new actions instituted
in respect to the same, or substantially the same, libel shall also be entitled to
be joined in a common action on a joint application being made by such new
defendants and the defendants in the actions already consolidated.
(Amended
25 of 1998 s. 2
)
(2)
In such consolidated action the jury shall assess the whole amount of the
damages, if any, in one sum, but a separate verdict shall be taken for or against
each defendant in the same way as if the actions had been tried separately; and if
the jury have found a verdict against the defendant or defendants in more than one
of the actions so consolidated, they shall proceed to apportion the amount of
damages which they have so found between and against the said last-mentioned
defendants; and similar provisions shall apply if the trial is before a judge
without a jury. The judge at the trial, if he awards to the plaintiff the costs of
the action, shall thereupon make such order as he may deem just for the
apportionment of such costs between and against such
defendants.
(3)
This section shall apply to actions for slander and to actions for slander of
title, slander of goods or other malicious falsehood as it applies to actions for
libel; and references to the same, or substantially the same, libel shall be
construed accordingly.
(Added
33 of 1961 s. 10
)
[cf. 1952 c. 66 s. 13
U.K.]