HC Deb 07 July 1943 vol 390 cc2097-8
66. Mr. Douglas

asked the Attorney-General what steps are being taken to expedite the hearing of cases in the Probate, Divorce and Admiralty Division of the High Court of Justice?

The Attorney-General (Sir Donald Somervell)

The hon. Member's Question must, I think, refer mainly to the state of the Divorce Lists; there is no delay in hearing Admiralty cases as soon as the patties are available, when a suitable day can be fixed. The Lord Chancellor is fully alive to the difficulty of disposing of divorce cases as expeditiously as could be wished. My noble Friend set up a Committee some time ago to consider certain aspects of this question, and he expects to receive the Report shortly. Meanwhile, the steps taken by the President of the Division to expedite the hearing of as many divorce cases as possible include special arrangements for the hearing of divorce cases where at least one party is in the Forces; the separation of the list of causes likely to take a long time to hear from the list of those likely to take a short time; the granting of applications to expedite particular cases on special grounds; and the arranging for sittings during the Vacation.

Mr. Douglas

Is it not true that if some cases are expedited, other cases are so much the more delayed?

The Attorney-General

I quite agree. As I said, we agree with my hon. Friend's point, but my Noble Friend is anxious to get the Report of this Committee before coming to a conclusion as to the best remedy.

Commander Locker-Lampson

How many cases are in arrear, and how long will they take?

The Attorney-General

I cannot give that information without notice. The delay is, in the main, in the long defended cases.

Mr. Thorne

What is the cause of all these divorce cases?

67. Mr. Douglas

asked the Attorney-General whether, having regard to the many men and women serving in His Majesty's Forces who are concerned, he will take steps to reduce the interval between decree nisi and decree absolute in divorce from six months to three months?

The Attorney-General

It is always open to a petitioner to ask the Judge that the decree absolute should be expedited, and if the Judge accedes any necessary enquiries by the King's Proctor are also expedited. This practice is frequently followed in Service cases, and I do not think that it would be in the public interest to reduce the period of six months applicable under the Statute where no such application is made or granted.

Mr. Douglas

Is not the right hon. and learned Gentleman aware that in order to expedite these cases very heavy fees have to be paid to the King's Proctor and that it is very unfair to those who are not well off?

The Attorney-General

No, Sir, I was not aware of that, and I will look into it.