§ MR J. KELLY (Camberwell, N.)I beg to ask the Attorney General whether he can state the reason for which three Judges have lately been sitting in one of the Divisional Courts of the Queen's Bench; whether, for the last 10 years, the practice of three Judges so sitting together in banc has been abandoned; and whether the return to the old practice is intended to be general, and so to cause further delays in the trial of the actions in the Queen's Bench Division?
SIR R. WEBSTERBefore answering the question of my hon. and learned Friend I must respectfully protest against the suggestion implied in the last paragraph, that the practice is intended to cause delays in the trials of actions in the Queen's Bench Division. Nothing, in my opinion, has ever taken place to justify such a suggestion. The formation of a Division Court of three Judges is due to important representations made two years ago, on the part of the Bar and the Incorporated Law Society, to the effect that it was desirable that application for new trials should be dealt with by Courts composed of three Judges. Prior to the present sittings, various causes, especially the absence of two of the Judges on the Special Commission, and 339 the illness of several others, have rendered the formation of such Courts impossible; but I understand that, when practicable, the hearing of cases of the kind by Courts so composed is intended to be general.
§ In reply to a further question by Mr. J. KELLY,
SIR R. WEBSTERsaid: I am aware that there is a feeling among many members of the Bar on the subject; but whether it represents the majority or not I am unable to say.