HC Deb 07 June 1825 vol 13 cc1063-4
Mr. Secretary Peel

said, he rose to move for leave to bring in a bill for the purpose of placing obstructions in the way of parties suing out frivolous writs of error. Under the existing practice, it was open to parties against whom a judgment was obtained, to sue out a writ of error, in order to supersede the judgment, or to gain delay. It would be found, that in the years 1817, 1818, and 1819, the number of writs of error sued out of the Court of King's-bench into the Exchequer chamber, amounted to 1,197. Of these writs, there were 158 on which no proceedings had been taken. There were 702 where the judgments were affirmed; and 336 where the proceedings were very soon abandoned. Moreover, of these 1,197, there were only 9 on which any argument was heard, and only one case where the judgment was reversed. The House world learn with surprise, that a delay of twelve months was given to the administration of justice. This was a most monstrous evil. By the act of James 1st a temporary obstruction was given to the practice, by making the parties who sued out these writs, be bound in double recognizances to prosecute the same. It was his intention to adopt the same measure, and to apply it to all writs, from whatever court issuing. He moved for leave to bring in a bill for that purpose.

Leave was given to bring in the bill.