HC Deb 12 May 1890 vol 344 c691
MR. CUNINGHAME GRAHAM

I beg to ask the Attorney General why the Crown has demanded costs against the suppliant in "Mitchell v. Regina" (a test case), under Petition of Right Act, when he, by giving fiat, evidently considered that the suppliant had a fair case; and why costs have been pressed against suppliant in the same case, when it has been expressly stated, in the case of the "Crown v. the County Council," that the Crown did not ask for costs?

THE ATTORNEY GENERAL (Sir R. WEBSTER,) Isle of Wight

In reply to the hon. Member, I have to say that the granting of a fiat in a Petition of Right has no bearing whatever upon the question of costs. The fiat is given where the Petition discloses primâ facie grounds for relief. The question of costs is controlled by the Petition of Right Act. The case of the Yorkshire County Council, to which I presume the hon. Member refers, is of an entirely different character, and was a case stated to determine a question of law under Section 20 of the Local Government Act.