§ Bill passed through Committee without Amendment.
§
Motion made, and Question proposed —
That the Standing Committee be negatived."—(The Lord Chancellor.)
§ THE LORD CHANCELLORI thought it would be better that the Bill should go through in the regular form, because I propose to move that the Standing Committee be negatived, and if there was any objection to be raised to any part of the Bill I thought an opportunity ought to be given. This Bill alters, as I think your Lordships are aware, one section in the Judicature Act whereby there requires to be in the Court of Appeal three judges sitting in order to hear an appeal. It has been brought to my attention that on a number of occasions parties would have been very glad, when there was some difficulty in forming the full Court of Appeal by the sitting of three judges, to have agreed to a hearing before two judges, but were not prepared to do so, as it would be forfeiting their right to appeal to your Lordships' House, as that court would have been a court by agreement and not a court established by law. The result would have been bound by the decision of the Court of Appeal with no right whatever to appeal here. This Bill is designed to preserve the right of further appeal to the House of Lords in cases where two judges have by consent of the parties heard the case in the Appeal Court.