Cecil-Wright v McCulloch    Practice – Mode and place of trial – Trial by jury – Allegation of fraud – Discretion of judge.
In an action for breach of a separation agreement the plaintiff alleged that she had been
induced by false pretences and undue influence amounting to duress to enter into agreements
to reduce the amount payable under the separation agreement. The master ordered the case to
be tried with a jury. The defendants appealed to a judge in chambers asking that it should be
tried by a judge alone or transferred to the Chancery Division. The judge ordered that the
case be transferred to the Chancery Division. The plaintiff appealed:—