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
In an ordinary action for £100, supposing the defendant to be
unsuccessful, he will probably have to pay, in addition to the £100,
not less than £120 to his opponents' solicitor for the costs taxed
against him, as well as, say, £150, the little account of his own
attorney. Supposing he conscientiously believes the verdict to be
unjust, and determines to go to the Court of Appeal, he will have
to pay at least £100 more if unsuccessful. This brings his bill up
to £470, instead of the original £100. A rational litigant would in
such a case be unlikely to want to go beyond the Court of Appeal, but
supposing he should desire to avail himself of the highest tribunal
that a generous country places at his disposal, and takes his case to
the House of Lords, he will be put to a further expense of about £200.
On the other hand, the successful suitor would also be at a
considerable loss, the costs that he would have to pay being far in
excess of the £100 recovered. By such a system a powerful and dangerous
weapon is undoubtedly placed in the hands of a wealthy litigant who
chooses oppressively to take his opponent from court to court. In
many cases the costs are augmented to a scandalous degree by the
multiplication of interlocutory proceedings. It is monstrous that in
an action to recover a sum of £100 a wealthy and perverse litigant
should have the power, on some incidental question of interrogatory, to
take his opponent from the master to the judge, from the judge to the
Divisional Court, from the Divisional Court to the Court of Appeal, and
from the Court of Appeal to the House of Lords.
An evil hardly less grave than the law's expense is the law's delay.
In a common law action of the simplest character, with little or no
interlocutory proceedings, the period that must elapse between the
issue of the writ and the trial of the action is little short of twelve
months, while in the event of appeal nearly another year will be lost.
In the Chancery Division the delay is still more marked.
At the commencement of the legal year, namely, October 24, 1890, there
were 448 Chancery cases set down for trial. Of these, when Christmas
arrived, only 74 had been decided, that is, after about one-third
of the judicial year had elapsed. At that rate of progress--without
allowing for the setting down of additional causes, which is, of
course, continuous throughout the year--there would only be, of the 448
causes set down in October, 1890, 222 disposed of by October, 1891,
thus leaving still unsettled half the cases that litigants were ready
to try twelve months before.
Public-domain text, read in full here on John Shaqi.
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