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LAW AND LIBEL AMENDMENT ACT 1888 - SECT 5

Consolidation of actions.

5. It shall be competent for a judge or the court, upon an application by or
on behalf of two 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, so that they shall be tried
together; and after such order has been made, and before the trial of the said
actions, the defendants in any new actions instituted in respect of the same,
or substantially the same, libel shall also be entitled to be joined in a
common action upon a joint application being made by such new defendants and
the defendants in the actions already consolidated.

In a consolidated action under this section 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
consolidated had been tried separately; and if the jury shall 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
shall have so found between and against the said last-mentioned defendants;
and the judge at the trial, if he awards to the plaintiff the costs of the
action, shall thereupon make such order as he shall deem just for the
apportionment of such costs between and against such defendants.

S.6 rep. by 1955 c.11 (NI) s.16(2). S.7 rep. by 1945 c.16 (NI) s.9(3) sch.2

© 1888 Crown Copyright

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