HC Deb 15 November 1926 vol 199 cc1543-4
71. Colonel DAY

asked the Financial Secretary to the Treasury if his attention has been drawn to the fact that a person or persons obtaining an order in the High Courts of Justice for the return of duty paid to the Customs is debarred from obtaining costs against the Crown; and whether he will consider legislation that will afford to successful litigants the costs incurred in vindicating such rights?

The ATTORNEY - GENERAL (Sir Douglas Hogg)

I have been asked to reply. My attention has been drawn to this matter, which I understand is under the consideration of the Committee dealing with the subject of legal proceedings by and against the Crown. I would point out that the Common Law rule that the Crown neither receives nor pays costs is general and not limited to Customs cases, and that on balance it operates much more in favour of the subject than the Crown.

Colonel DAY

Is the learned Attorney-General aware that attention was drawn to this matter by a learned Judge in 1857?