A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
The Court of Appeal and the House of Lords deal with domestic
matters of the little Island, which, however important the
principles involved and however critical the issues to the litigants
themselves, seem almost petty in comparison with the broad field of
the Privy Council. Little as the average man knows of it, and rarely
as it figures in news of the day, no American lawyer can fail to
perceive in this great court something of the tremendous scope of
his own Supreme Court of the United States, to which tribunal only
is the Privy Council secondary.
CHAPTER X
MASTERS: THE TIME SAVERS
CURRENT HEARINGS--MINOR ISSUES THRESHED OUT.
The numerous motions and interlocutory applications, supported
by affidavits and urged by argument, which consume so much of
the time of an American court, are disposed of in England by
Masters--competent barristers appointed by the Courts, who are paid
salaries of about £3,000 a year.
At a certain hour the Master takes his seat at a desk with a printed
list of "applications without counsel" or "applications with
counsel." He nods to the uniformed officer at the door who admits
the solicitors engaged in the cause which happens to be first on the
list of cases "without counsel." The solicitors stand before the
Master with a shelf upon which to rest books or papers; one side
then states its demand and the other its objection in the briefest
and most direct manner. The Master's immediate oral decision,
accompanied by imposition of the costs and a few scratches of his
pen on the back of the summons, indicates to the officer the opening
of the door to admit the next case. By actual count twenty-seven
cases may thus be disposed of in one hour and thirty-two minutes--an
average of a little more than three minutes each. Of course there is
a right of appeal, which, however, is rarely exercised.
As the door opens two solicitors hurry in. There are no salutations
nor introductory remarks and the business proceeds abruptly:
_Plaintiff's solicitor_: "Master, we claim £50 judgment for
rent."
_Master to defendant's solicitor_: "Do you admit the
amount?"
_Defendant's solicitor_: "Yes, but we claim a set-off."
_Master_: (endorsing a few words on the summons) "Judgment
for rent £50 with stay of execution until counter claim is
tried."
_Defendant's solicitor_: "If you please, Master."
This expression is the universal vernacular with which the defeated
party accepts the judgment of a master or judge in all courts. The
expression is not an interrogation but is equivalent to "as you
please."
Out they go and the next enter; here the defendant asks for delay,
and gets seven days which is endorsed on the summons and requires a
minute.
Then comes an application under "order XIV" for judgment for £1,000.
Defendant requires four days' delay.
_Master_: "What is the defence?"
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account