Cooper v Cooper, Parish (Intervener), Williams (Party Cited)    Divorce – Petition – Application for trial by special jury – Order by registrar for trial by
special jury – Order reversed by President – Discretion – RSC Ord 54, r 12 – Martimonial
Causes Rules 1924, r 30(B).
On the application of a petitioner seeking to obtain a divorce the registrar made an order that
the cause should be tried by a special jury. The President ordered that the registrar’s order be
set aside and that the cause should be tried by a judge alone. The petitioner appealed
contending that the substantive discretion to grant a jury is vested in the registrar and is
binding upon the judge:—