HL Deb 01 May 1855 vol 137 cc2035-7
LORD LYNDHURST

begged to call the attention of his noble Friend on the woolsack to a subject of great importance to solicitors, and not less so to the suitors of the Court of Chancery. The matter was rendered of still more importance in consequence of a Bill now pending in the other House of Parliament, which would add a very extensive jurisdiction to the already extensive jurisdiction of the Court of Chancery. The subject was that of fees paid to solicitors in the Court of Chancery. He was told that his noble Friend on the woolsack was about to institute some investigation on the subject, and to introduce some alteration; and if that were so, he (Lord Lyndhurst) should not then give notice of Motion on the subject, as he had intended, but await the result of the inquiry. He wished to know from his noble Friend whether the fact was as he had stated; and if so, who were the persons to whom the investigation was to be confided?

THE LORD CHANCELLOR

said, that the only error into which his noble and learned Friend had fallen was, that he supposed he (the Lord Chancellor) was about to institute an investigation; but the fact was, that he had already set such investigation on foot. He felt the subject was one of extreme importance. It was of importance to the solicitors, and it was not less so, as his noble Friend had stated, but in fact more important, to the suitors of the Court. That the solicitors were placed in a position that was unsatisfactory no one could doubt, but it was always found that, unsatisfactory as the present was proved to be, it was difficult to discover another that would be more satisfactory. But from time to time certain alterations had been made; and some months ago he requested the Master of the Rolls, who took an interest in the matter, to look into the subject, and see if he could suggest any improvement. The Master of the Rolls had done so, and having consulted various solicitors, he made a report, which he (the Lord Chancellor) received about two weeks ago, on the first day of term. He found from that report that the Master of the Rolls had investigated the subject very closely, but, hampered as he was with other business, he (the Lord Chancellor) did not like to ask him to pursue the inquiry further. The Master of the Rolls, indeed, said he had so many matters in hand that, although he would not shrink from the investigation, he would rather be released from it. He then had recourse to Lord Justice Turner and Vice Chancellor Wood, and put a paper into their hands, and had a conversation with them on the subject. These learned persons had very kindly undertaken to make the investigation, and he had united with them one of the Taxing Masters—he thought it was Master Follett—and put him in communication with them. He had also joined with them Master Wharton, one of the Masters of the Court of Exchequer, and a gentleman of whom it was impossible to speak too highly—and they had told him, that without any formal commission being issued, they would examine into the matter, and see if they could make any improvement in the scale of fees, or devise any manner in which the scale could be arranged.

Back to