HL Deb 27 November 1919 vol 37 cc482-4

Amendments reported (according to Order).

Clause 11:

Costs of actions commenced in High Court which could have been commenced in county court.

11. The following section shall be substituted for section one hundred and sixteen of the principal Act:—

"(1) Where an action is brought in the High Court which could have been commenced in a county court, then, if the plaintiff recovers a sum less, in the case of an action founded on a contract, than forty pounds, or in the case of an action founded on tort than ten pounds, he shall not be entitled to any costs of the action, and if he recovers, in the case of an action founded on contract a sum of forty pounds or upwards but less than one hundred pounds, or in the case of an action founded on tort a sum of ten pounds or upwards but less than fifty pounds, he shall not be entitled to any more costs of the action than those to which he would have been entitled if the action had been brought in a county court, and where a plaintiff is entitled to costs on a county court scale only the taxing master shall have the same power of directing on what county court scale and under what column in the scale costs are to be allowed and of allowing any items of costs as the judge would have had if the action had been brought in a county court:

"Provided that—

  1. "(i) in any such action, whether founded on contract or tort, the court or a judge, or where the action is tried before a referee or officer of the Supreme Court, that referee or officer, if satisfied that there was sufficient reason for bringing the action in the High Court or that the defendant or one of the defendants objected to the transfer of the action to a county court, may make an order allowing the costs or any part of the costs thereof on the High Court scale or on such one of the county court scales and under such one of the columns in the scale as he may direct; and
  2. "(ii) if in any action founded on contract the plaintiff within twenty-one days after the service of the writ, or within such further time as may be allowed by the court or a judge, obtains an order under Order XIV of the rules of the Supreme Court that he shall be at liberty to sign judgment for a sum of forty pounds or upwards either unconditionally or unless that sum is paid into court or to the plaintiff's solicitor, he shall, unless otherwise ordered by the court or a judge, be entitled to costs on the High Court scale.

"(2) This section applies only to the costs of the proceedings in the High Court."

LORD MUIR MACKENZIE moved, in proviso (ii), to leave out "forty pounds" and insert "twenty pounds." The noble Lord said: If any of your Lordships will look at the clause referred to you will see that the money limit put upon the jurisdiction is the same as that which characterises the main clause of the Bill—namely £40. It seemed to me, therefore, when I first read the clause, that this was all right, but it has been pointed out to me since that it would have a serious effect upon one of the most beneficial rules that we have in the Supreme Court—namely, the familiar Order XIV. It alters the money limit connected with the admini- stration of that clause, and on the whole I would submit to the noble and learned Lord that it would be better that that part of our jurisdiction which has always given so much satisfaction should not be altered in this Bill. If the noble and learned Lord has not had an opportunity of considering the matter, I will bring it forward—

THE LORD CHANCELLOR

I have considered the point very carefully, and I think that the technical reason which the noble and learned Lord has put forward is a good one. I am therefore prepared to assent to the Amendment.

Amendment moved— Clause 11, page 7, line 28, leave out ("forty") and insert ("twenty").—(Lord Muir Mackenzie.)

On Question, Amendment agreed to.