The Strand Magazine, Vol. 01, No. 04 (April 1891)Various
General
The Strand Magazine, Vol. 01, No. 04 (April 1891)
Various
English literature -- Periodicals; Short stories, English -- Periodicals
This feeling has doubtless been intensified by the recent case of
Vagliano and the Bank of England. It is needless to go into the details
of this matter, which are well known to the public. Suffice it to say
that a judge of the High Court in 1888 gave a decision contrary to
the feeling of business men and subversive of commercial custom in
regard to bills of exchange, which was upheld in the Court of Appeal
by a majority of five to one. This decision was, however, reversed in
the House of Lords in March of this year by a majority of six to two.
Thus, after long delay and enormous expense, the case having been heard
by fifteen judges, a final decision was obtained that satisfied the
commercial community. But the uncertainty of the law is exemplified by
the fact that the verdict of seven judges, _i.e._, six in the House of
Lords and one in the Court of Appeal, outweighed that of the remaining
eight. And there is no reason to suppose that the judges of the House
of Lords who carried the day are men of higher legal ability than those
in the Court of Appeal.
Instead, therefore, of waiting months for their cases to be tried,
paying enormous fees to leading counsel, and possibly enduring the risk
and delay of appeal, men of commerce prefer to submit their disputes
to the arbitration of others in their own trade, and thereby get them
decided without any delay or legal expense. Innumerable disputes are in
this way settled in the City every year, and in some businesses it is
a matter of etiquette for men to accept the office of arbitrator when
asked to do so without any fee, they knowing full well that the time is
sure to come when they themselves will require to have a matter decided
in the same convenient and expeditious manner.
It is undoubtedly a great hardship for a commercial community to have
to put up with rough and ready justice in this way, instead of having
the advantage of highly trained legal minds. But business men cannot
afford to wait for the slow machinery of the law, and though they
have to maintain the Courts of Justice, they decide to do without
them. Doubtless many others would gladly do the same had they equal
facilities for arbitration.
The result of this widening breach between law and commerce is that a
large and increasing proportion of the work of the High Court consists
of libel, slander, malicious prosecution, and cases of a similar class,
together with actions varying in character not at all, and in the
amount sought to be recovered only infinitesimally, from those which
come within the jurisdiction of the County Court.
But though a great number of the suits may be of slight importance,
the cost of litigation is by no means insignificant. The court-fees,
it is true, are not proportionately so high as in the County Court,
although they might with advantage be largely reduced; but the average
charges for legal assistance are enough to make the boldest litigant
pause.
[Illustration: APPEAL COURT.]
Public-domain text, read in full here on John Shaqi.
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