HC Deb 29 December 1893 vol 20 cc434-5
MR. WASON (Ayrshire, S.)

I beg to ask the Lord Advocate whether his attention has been called to the New Rules of Court framed by the English Judges; whether it is a fact that the Rules so framed form an encroachment on the jurisdiction of the Scotch Courts; and whether he proposes to take any, and what, action in the matter?

* THE LORD ADVOCATE (Mr. J. B. BALFOUR,&c.) Clackmannan,

It appears to me that these Rules might be so interpreted as to extend the jurisdiction of the English Courts over domiciled Scotsmen, though I cannot as yet say with confidence bow far this would be the case, as the effect of some of them would depend upon the meaning of certain English legal terms, as to the precise import of which I am making inquiry.

MR. R. WALLACE (Edinburgh, E.)

I beg to ask the Secretary for Scotland whether his attention has been called to a resolution of the 22nd instant by the Faculty of Advocates in Edinburgh, to the effect that certain Rules recently framed for the Supreme Court in England appear seriously to affect the position of Scotchmen with regard to the English Courts and constitute a grave encroachment on the jurisdiction of the Scottish Courts; whether the Rules in question have such effect and constitute such encroachment as described in this resolution; and whether, by their respective constitutions and under the Judgments Extension Acts, the Judicatures of England and Scotland possess equal powers (if any) of summons and Judgment over the subjects of each other's jurisdictions; and, if not, whether be will introduce legislation to place the two Judicatures and nationalities on a footing of equality in these regards?

THE SECRETARY FOR SCOTLAND (Sir G. TREVELYAN,) Glasgow, Bridgeton

I have seen a newspaper notice of the resolution referred to. I understand that the Rules in question appear to extend the powers possessed by the English Courts of summoning Scotsmen before them, though to what extent is not clear to anyone not versed in English legal phraseology. This point is being inquired into. The Judgments Extension Acts contain reciprocal provisions for enforcing Judgments pronounced by the English and Scotch Courts respectively, but I cannot say that the powers of summons are identical in the two countries. It will be sufficient to consider whether legislation is necessary when the question relative to the New Rules is settled.