HL Deb 13 April 1840 vol 53 cc1003-4

Lord Denman moved the second reading of the Frivolous Suits Prevention Bill. In doing so he would not trouble their Lordships with any remarks on the details of the measure, as the bill had been laying on their table for some time, and consequently their Lordships would be fully acquainted with it. He would merely say, that the object of the bill was to render that clear which was formerly obscure in preventing parties from bringing frivolous suits. He had received many letters from parties whose opinions were entitled to respect, and they all expressed their approbation of the principle of the measure. He had fixed the sum of 40s. as the test of the frivolity of a suit in which the damages were laid at that amount. But he had subsequently considered that this should not refer to actions brought for the recovery of damages in cases of trespass on land. Considerable injury might be done to gar- dens and such property by trespass, though the damages could only be laid at or under 40s. He had, therefore, thought it fit not to consider that sum the test in cases of trespass. He believed that no objection was raised to the principle of this measure, and he could therefore at once, without further observation, move that the bill be now read a second time.

Lord Wynford

was understood to express his opinion in favour of the principle of the bill, but he at the same time thought, that some beneficial alterations might be introduced in its details. He would, however, willingly agree to its second reading.

Bill read a second time.