THIS decision was made at a hearing on Directions. Mr
Irving and Mr Julius had discussed the matter outside the
Court, and Mr Irving had diffidently volunteered to Mr
Julius, on the advice of his own legal experts, that he felt
the case should be heard by a Judge alone.
Depending on the identity of the judge,
which is not known in advance, this is a sound decision for
a plaintiff, as judges are less emotional in their approach
to a case; Mr Irving anticipated that if a jury-trial was
ordered, the Defence would fill the witness box with
survivors telling their tall and often harrowing tales.
Mr Irving was surprised when Julius agreed
so easily to this suggestion. Had he known the identify of
the judge, and his legal background, Mr Irving would perhaps
not have made the suggestion.