§ Lord Aveburyasked Her Majesty's Government:
How many orders under Section 42 of the Supreme Court Act 1981 had been made prior to the ruling in the case of Fletcher in the Court of Appeal on 11th June 1984; and whether the Attorney General has taken any steps to have these orders set aside or the persons named in them removed from the County Courts' lists of judgment debtors.
§ The Lord Chancellor (Lord Hailsham of Saint Marylebone)Four orders were made by the Divisional Court under Section 42 of the Supreme Court Act 1981 prior to the Court of Appeal's decision inRe Fletcher that applications under that section should be made to a single judge.
Since each of the orders in question is a nullity it would be superfluous to seek to have them set aside. Two of the persons concerned have been notified of the effect of Re Fletcher. A third has since died and the fourth cannot be traced. The Attorney General intends to make fresh applications in respect of the first two, who have been duly informed of this intention.
The decision in Re Fletcher does not affect entries in the register of County Court Judgments. Orders made under Section 42 are not entered in that reigister.