HC Deb 29 June 1910 vol 18 cc939-42
Mr. NORMAN CRAIG

asked the Attorney-General whether he is aware that from 22nd June, 1910, to 27th June, 1910, no common jury actions were tried in the High Court of Justice; and whether this was due to the fact that there was no judge available to try common jury actions?

The SOLICITOR-GENERAL (Sir Rufus Isaacs)

The facts contained in the hon. Member's question are correct. The discontinuance of the trial of common jury actions during the period mentioned was due to the fact that no judge was available to try them. This list is, however, being proceeded with this week.

Mr. MARKHAM

Is the hon. and learned Gentleman aware that the Lord Chancellor said there would be no arrears if the judges would sit for three hours on Saturdays throughout the year?

Sir RUFUS ISAACS

I would remind my hon. Friend that the Lord Chancellor has assented to the Report of the Joint Committee which sat and investigated this matter. The judges are doing the work which has already been referred to, and in particular work which is absolutely necessary in order that they may sit to try the criminal appeals which come before the court on Monday.

Mr. NORMAN CRAIG

asked the Attorney-General whether he is aware that by notice dated 21st June, 1910, the trial of non-jury actions in the High Court of Justice was discontinued until further notice; whether such notice remains in force; and whether such notice was due to the fact that no judge was or is available to try non-jury actions?

Sir RUFUS ISAACS

The notice referred to by the hon. Member is still in force. The discontinuance of the trial of non-jury actions is, I am informed, due to the fact that no judge was or is available to try the actions in the non-jury list, as the judges at present in London are occupied with the trial of other actions or proceedings.

Mr. MARKHAM

Is the hon. and learned Gentleman aware that the Lord Chancellor stated that His Majesty's Judges worked only five days a week and took sixteen and a half weeks holiday during the year?

Mr. NORMAN CRAIG

asked the Prime Minister whether it is the intention of the Government to proceed further with the Supreme Court of Judicature Bill during the present Session?

The PRIME MINISTER (Mr. Asquith)

Yes, Sir, it is the intention of the Government to proceed with this Bill during the present Session.

Mr. MARKHAM

Will the right hon. Gentleman say whether the Bill will be taken after eleven o'clock or on such days that hon. Members will know beforehand that it is to be taken, as it is very inconvenient to attend here not knowing whether it will be taken or not?

Mr. NORMAN CRAIG

Can the right hon. Gentleman give any indication when it will be taken?

The PRIME MINISTER

Not now; but I will in due time.

Mr. NORMAN CRAIG

asked the Attorney-General whether he is aware that the Court of Criminal Appeal occupies three judges of the High Court on Monday in each week; that, in order to qualify themselves to try the appeals, the judges have in anticipation to read the depositions taken at each of the trials under review; and that the judges constituting the Court of Criminal Appeal on Monday in each week have to devote the previous Saturday to the reading of such depositions, and therefore cannot sit in court on other business; and whether he will say if, in spite of the measures referred to, the list of criminal appeals is falling into arrear?

Sir RUFUS ISAACS

The facts are correctly stated in the question with the exception that the list of criminal appeals is not falling into arrear as suggested. I am informed that the Court of Criminal Appeal is well abreast of its work. I may add that the establishment of the Court of Criminal Appeal has seriously interfered with the due despatch of civil business in the King's Bench Division, and that it will probably continue to do so.

Mr. MARKHAM

May I ask the hon. and learned Gentleman whether it is not a fact that one judge, Mr. Justice Coleridge, was appointed in October, 1907, to deal with these appeals, and whether it is not a fact that the Lord Chancellor stated that the work of this one judge sitting five days a week was equivalent to the work of three judges in the Criminal Appeal Court one day a week?

Sir RUFUS ISAACS

I cannot say whether the Lord Chancellor did say so.

Mr. MARKHAM

Is the hon. and learned Gentleman aware that the Lord Chancellor stated—

Mr. SPEAKER

The hon. Member is really anticipating the Debate on the Bill.

Mr. NORMAN CRAIG

asked the Attorney-General whether he was aware that on 27th June no jury actions whatever were taken in the High Court of Justice; whether that is due to the fact that three judges were engaged in the Court of Criminal Appeal; and whether, having regard to the fact that the Court of Criminal Appeal sits on one day in each week, this inconvenience to litigants is likely to recur?

Sir RUFUS ISAACS

I am aware that on the date mentioned no jury actions were taken in the High Court of Justice. This was as suggested, due to the fact that the only three judges who were available were engaged in the Court of Criminal Appeal.

Mr. NORMAN CRAIG

Would the hon. and learned Gentleman answer the latter part of the question?

Sir RUFUS ISAACS

Yes, it must necessarily refer to the judges who sit every Monday in the Court of Criminal Appeal.

Mr. NORMAN CRAIG

asked the Attorney-General what were the numbers of special jury, common jury, and non-jury actions awaiting trial on 27th May, 1910; the number of actions of the respective classes disposed of between 27th May, 1910 and 27th June, 1910; and whether the congestion existing in the above-mentioned classes at the beginning of the present sittings of the High Court of Justice is being reduced or aggravated?

Sir RUFUS ISAACS

I am informed that of the three classes of actions to which the hon. Member refers there were standing for trial at the commencement of the present sittings (24th May last) 264 special juries, 238 common juries, and 68 non-juries. The number of actions of the respective classes disposed of by trial between 24th May and 27th June, 1910, were 46 special juries, 47 common juries, and 6 non-juries, and 81 cases were withdrawn making a total of 180. Allowing for the number of cases withdrawn and not tried, these figures show that the number of cases standing for trial has been slightly reduced. The number of cases of the classes mentioned standing for trial last Saturday being 536.

Mr. GIBSON BOWLES

Is it only in the King's Bench Division that these arrears exist?

Sir RUFUS ISAACS

At the present moment, yes.