HC Deb 18 April 1923 vol 162 cc2028-9
84. Mr. ERNEST EVANS

asked the Attorney-General whether his attention has been drawn to the comments made by members of the Court of Appeal on the unsatisfactory state of the law in regard to proceedings taken by and against Government Departments; and whether he will take the necessary steps to make the procedure more simple and uniform?

85. Mr. FRANK GRAY

asked the Attorney-General whether, having regard to the remarks of Lord Justice Scrutton, in the recent case of the Marshall Shipping Company, Limited, versus the Board of Trade, as to the necessity for legislation, in the interests of the public, to enable them to readily and conveniently call in question the actions and omissions of Government Departments, he will advise His Majesty's Government to initiate such legislation forthwith?

The SOLICITOR-GENERAL (Sir Thomas Inskip)

The whole question of proceedings by and against the Crown, and by and against Government Departments, is under the consideration of a Committee over which the Lord Chief Justice is presiding and of which I am a member. I will call the attention of the Committee to the Judgment in this case.

Sir K. WOOD

Can the Solicitor-General say whether in this case the Government Department did not plead that, in order to be successful in proceedings against the Board of Trade, every member of the Board, including the Archbishop of Canterbury, must be served with a process, and did not the Court of Appeal adversely comment upon the state of the law?

The SOLICITOR-GENERAL

The hon. Member has stated something like the contentions of the case, but I have not before me at the moment the accurate information.

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