A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
_Master_: "I'll give you judgment generally for £21, but
you write defendant a letter stating that you will not
issue execution as you have just stated."
Another defendant appears in person:
_Defendant_: "I've got no defence, all I want is time."
_Plaintiff's solicitor_: "We'll do nothing until Monday as
we think he means to pay."
_Master_: "All right, it is understood you will do nothing
until Monday."
The details of practice before these Masters would be beyond the
scope of the present writing, suffice it to say that rules have been
promulgated from time to time, and are constantly being improved
upon, having for their object the simplification of procedure, the
rapid despatch of business and the settling of all minor questions
which may arise in a case before actual trial. Thus, "Order XIV,"
just referred to, enables a Master to enter judgment when the
defence averred, even if true, would not be effectual, or when the
defence is obviously frivolous, although, of course, the rights of
the defendant are preserved by the privilege of appeal, the
judgment, meantime, binding his property. Again, the "summons for
directions" is to enable the Master to give general directions as to
how the parties shall proceed, the intervals of time to be allowed
for exchange of copies of documents, taking foreign testimony and
what not.
One of the cleverest contrivances in the practice before Masters is
the "tender of damages in tort without admitting liability." A
defendant may tender, say, £500. If plaintiff does not accept it,
the trial ensues--the jury, of course, being in ignorance of the
tender. If the judgment be for defendant, or for more than the
tender, that is the end of the matter. But if the judgment be for
less than the tender, a large deduction for costs is made from the
judgment, and inures to the defendant's benefit. This has enormously
reduced the volume of accident cases and has also curbed the often
wildly extravagant demands and unjust results in such actions
generally recognized as evils difficult to deal with.
In short, the system of Masters in England works admirably. It is
entirely adaptable to American courts, the details and modifications
which might prove necessary being fitted to local conditions, but in
any such adaptation, the general purpose should be kept in view,
namely, that when a case appears upon a trial list it shall have
already been pruned of all non-essential preliminary details and is
forthwith to be actually tried upon its merits; the court's time
being too precious to be expended upon the subsidiary side issues.
CHAPTER XI
THE POLICE COURTS
CURRENT HEARINGS.
Public-domain text, read in full here on John Shaqi.
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