HL Deb 30 July 1860 vol 160 cc344-5
LORD BROUGHAM,

in moving for certain Returns referring to the business transacted by the Superior Courts and County Courts respectively, said, his object in moving for these Returns was to show the extent of the jurisdiction of these Courts, and the vast amount of the business they transacted. No less than 738,000 suits were commenced in those Courts in one year. The amount of money claimed in those suits was £1,900,000, and the sum recovered £970,000. These figures alone indicated the vast importance of this local jurisdiction. The number of actions commenced in the superior Courts last year was 86,277. He found that in the County Courts there were in one year 3,631 suits for sums between £20 and £50, while in the superior Courts there were only 378 cases. The great importance of the County Court jurisdiction could not, therefore, be overrated. And in connection with this subject he would call his noble and learned Friend's attention to a suggestion which he made many years ago in that place—he meant the expediency from time to time of promoting County Court Judges. In the first place, it would give us access to the highest ability and the greatest learning in the profession—to much greater learning and much higher ability than we are likely to obtain if these County Court Judges had no prospect whatever of further advancement. But there was another argument in favour of the suggestion he had made. No one who knew Westminster Hall would deny that there was always very great difficulty in determining whether those promoted to the bench were suited by judicial qualities for that position. The only test they had was generally a very fallacious one as to judicial fitness—namely, success at the bar. A man, as every day's experience showed, might be very eminent as an advocate without being equally distinguished as a judge. Many a person most distinguished at the bar had disappointed expectations on the bench. But in the County Courts they saw men displaying judicial qualities of great distinction, and if they found that a Judge was greatly preferred by suitors, because he gave satisfaction in that important office where there was a choice in trying the action, they had an excellent test whereby to determine his capacity for judicial duty. He hoped his noble and learned Friend on the woolsack would give his best attention to this subject. The noble and learned Lord concluded by moving for Returns of Writs of Summons and Plaints issued from the Superior Courts and County Courts respectively in the years 1858 and 1859, and the results, distinguishing the verdicts or judgments for sums between £20 and £50.

Returns ordered.