A History of the County Court, 1846-1971 by Patrick Polden

March 10, 2017 | Legal History | By admin | 0 Comments

By Patrick Polden

The 1st full-length account of the institution of the County court docket in England and Wales in 1846 and its paintings, via to its reconstruction in 1971. It lines its improvement from being mostly a debt assortment corporation to its some distance wider jurisdiction this present day because the major discussion board for civil disputes. Drawing on a variety of assets, the writer describes its association and officials and discusses the jobs of legal professionals and lay individuals. Given the present controversy over entry to justice, it is a well timed new heritage.

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R. Y. Radcliffe and G. Cross, The English Legal System (6th edn, by G. J. Hand and D. J. Bentley, London, 1977), p. 263. For an example of a disparaging overview of Brougham's contribution see Quarterly Review, 105 (1859), 504±26. The making of the new county courts 25 105 to two counties, before publication. 106 The Bill came before a House of Lords unsure of its place in the constitution after the trauma of being coerced into passing the reform bill. 107 The instigator was the former Lord Chancellor Lyndhurst, the once dominant Eldon being now a woebegone and ineffective ®gure.

The want of competent Judges and Juries. The want of ef®cient inferior ministers to serve and execute process. The use of complicated and expensive pleadings. The distance of the place of trial from the residences of the parties and witnesses. The want of suf®cient means to compel the attendance of witnesses. Delay. The facility of evading execution. The abuses occasioned by entrusting the execution of process to improper agents, for whose misconduct no superior is responsible. The want of appeal.

1316. Le Marchant, Viscount Althorp, pp. , vol. 12, col. 152; vol. 13, cols. 599±601; HCJ 80 (1825±6) and HLJ 57 (1825). Evidence of the of®ce-holders to the select committee is in PP 1825 (276) V. George Tierney, quoted in N. Gash, Mr Secretary Peel (London, 1961), p. 337. , vol. 17, cols. 1350±8. The making of the new county courts 17 Most of Althorp's bill was retained by Peel. The main difference was in the judges. The sheriff or his deputy would preside and though the sheriff might appoint an assessor ad hoc, he would not be permanent, so avoiding any claim to a pension.

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