Article 13 Powers of the Court of Appeal

In Order 59, rule 11, the following shall be substituted for paragraph (4)—

“(4)

In any case where the Court of Appeal has power to order a new trial on the ground that damages awarded by a jury are excessive or inadequate, the Court may, instead of ordering a new trial, substitute for the sum awarded by the jury such sum as appears to the Court to be proper; but except as aforesaid the Court of Appeal shall not have power to reduce or increase the damages awarded by a jury.”.

Order 59, rule 11(4), as substituted by paragraph (1) of this rule, shall not apply to any appeal set down before the coming into force of this rule.