Why was Nikita Hand’s civil case against Conor McGregor heard by a jury?

In Ireland, the legal system is divided into two categories of court cases: civil actions and criminal prosecutions. Both types of cases aim to ensure that justice is achieved, but they differ in their nature, the parties involved, and the procedures followed. In all cases, it is the responsibility of the court to ensure that the outcome is both fair and reasonable, reflecting the legal rights of those involved.

A civil action arises when individuals or organizations disagree on a matter of fact or law that affects their legal rights. These cases are typically brought by a private party (the plaintiff) against another private party (the defendant). Civil actions cover a wide range of issues, such as:

Personal injury claims, often resulting from road traffic accidents or accidents at work.
Breach of contract, where one party fails to fulfil its obligations under a contract.
Disputes over property rights, such as rights of way or issues related to planning permission.

In these civil disputes, the State typically does not play an active role, as these matters are between individuals or entities. However, the court is involved in resolving the legal issues at hand and ensuring that each party's rights are upheld.

The majority of civil cases in Ireland are heard by a judge alone, without a jury. This is especially true in cases involving minor offenses, such as small personal injury claims or traffic violations, where the issues at stake are relatively straightforward. In these instances, the judge has the responsibility of considering the evidence, applying the law, and making a decision without the involvement of a jury.

However, there are certain cases in civil law where a jury is used, though the list of cases eligible for a jury trial is narrow. Under Irish law, individuals are entitled to a jury trial in specific civil cases as set out by the Courts (Supplemental Provisions) Act 1961, which include:

False imprisonment: When someone is unlawfully detained or confined.
Assault: When someone is intentionally harmed or threatened with harm.
Battery: Unwanted physical contact or force.
Defamation: When someone’s reputation is harmed by false statements.
Malicious prosecution: When a person is wrongly subjected to legal action without proper cause.

These cases often involve allegations of personal harm, and a jury is seen as the most appropriate forum for deciding issues like liability (whether a defendant is responsible) and determining the appropriate level of damages (compensation).

Nikita Hand's civil case against Conor McGregor was heard by a jury because it involved allegations of sexual assault, which is one of the civil matters in Ireland typically decided by juries. The jury found McGregor liable for assaulting Hand in 2018 during an incident in a Dublin hotel, awarding her nearly €250,000 in damages. The decision followed a detailed examination of physical evidence, witness testimonies, and the impact of the incident on Hand's life, including psychological and financial distress.

Individuals who are entitled to a jury trial can choose to waive this right. If a party wishes to proceed without a jury, they can give notice of trial without a jury. This decision is typically made at the start of the case. However, there is a mechanism for the opposing party to challenge this choice.

If one party gives notice of trial without a jury, the other party may object and request a jury trial. This objection must be filed within 14 days of the initial notice (or within any extended period the court allows). If the opposing party does not object in time, the case will proceed without a jury.

In summary, civil actions in Ireland involve disputes between private parties, and the resolution of these disputes is typically carried out by a judge. Jury trials are reserved for specific types of cases, including those involving false imprisonment, assault, battery, defamation and malicious prosecution. While many civil cases are heard by judges alone, parties in these eligible cases may opt for a jury trial, with the opposing party having the option to challenge this decision within a prescribed period.

About the author: Sinéad Leahy is a Trainee Solicitor with Dermot G. O'Donovan Solicitors.

Contactable on leahys@dgod.ie