§ Mr. BOTTOMLEYasked the Attorney-General whether it would be practicable to prepare a Return showing the number of reversals by the Court of Appeal of the judgments of courts of first instance during the past ten years, in order that the public might be made aware of the relative competence of the judges of such courts?
§ The ATTORNEY-GENERAL (Sir Rufus Isaacs)It would not be practicable to prepare such a return as is suggested. Its preparation would involve considerable expenditure of time and labour, and, when completed, would necessarily be misleading, inasmuch as a Judge of first instance is often reversed, although he has decided strictly in accordance with the law laid down by a court of co-ordinate or superior jurisdiction. Moreover, the decision of the Court of Appeal reversing a judgment of a Judge of first instance is itself sometimes reversed in the House of Lords, and the decision of the Judge of first instance is thus restored.
§ Mr. BOTTOMLEYDoes the hon. and learned Gentleman think there would be any difficulty in adding to the annual volume of official statistics a column showing the names of the judges whose decisions have been reversed by the Court of Appeal?
§ Sir RUFUS ISAACSIt would be quite useless to do that unless you went into particulars as to why the decisions were reversed.
§ Mr. BOTTOMLEYI asked the hon. and learned Gentleman whether it would be practicable, not whether it would be useless. That is an argumentative question?
§ Sir RUFUS ISAACSIt would be practicable if you devoted enough time and expenditure to it, but the result would be useless.
§ Mr. BOTTOMLEYI am willing to defray the expense.