HC Deb 21 June 1939 vol 348 c2260W
Mr. Gallacher

asked the Attorney-General whether further investigation has rendered it possible to take any action to allow Mrs. Florence Borders to prosecute her appeal in the case brought against her by the Bradford Third Equitable Building Society and to prevent poor litigants being debarred from appealing and so obtaining justice in the courts?

The Attorney-General

As to Mrs. Borders appeal, it is incorrect to say that Mrs. Borders cannot appeal unless the cost of the note of the evidence is borne by public funds. If the appeal proceeds and if a proper application is made to the Court of Appeal, it may well be that the court will permit Mrs. Borders to appeal on such materials as she can produce with regard to the evidence. In that event there will be no difficulty in obtaining three transcripts of the judgment of the learned judge at the expense of the vote if the Court of Appeal consider that this would be in the interests of justice.

I must not be taken as expressing any opinion as to the course which the Court of Appeal should take in the matter which may be affected by considerations of justice to the building society as well as to Mrs. Borders.

On the general question, the Lord Chancellor has carefully considered the whole question of poor litigants (not appealing as poor persons) in relation to the costs of the shorthand notes for use on appeals. It seems to him that several matters call for inquiry on this subject, and he proposes at once to appoint a committee under the chairmanship of a Lord Justice to consider what should be done and to report.