Patrick Polden's A History of the County Court, 1846-1971 PDF

By Patrick Polden

ISBN-10: 0511008872

ISBN-13: 9780511008870

ISBN-10: 0521622328

ISBN-13: 9780521622325

The 1st full-length account of the institution of the County courtroom in England and Wales in 1846 and its paintings, via to its reconstruction in 1971. It strains its improvement from being principally a debt assortment enterprise to its a long way wider jurisdiction this day because the major discussion board for civil disputes. Drawing on quite a lot of assets, the writer describes its association and officials and discusses the jobs of attorneys and lay folks. Given the present controversy over entry to justice, this can be a well timed new heritage.

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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. The expense of the proceedings as compared with the amount of the demand. Institutions were reviewed in turn and none escaped condemnation. County courts were `inef®cient for the administration of justice, and the subject of general complaint'.

16. , vol. 1, col. 719. Returns to the Commons in 1827 showed 64,000 of 93,000 af®davits for debt ®led in the common law courts to be for sums under £50; only 15,000 exceeded Brougham's `natural limit'. , col. 720. Brougham had been particularly in¯uenced by his own experience at the spring assizes of 1826, when the average award in ®fty-two verdicts at Lancaster was £14 15s. , col. 716. The making of the new county courts 19 England's problems, however, lay in `forming a Court, new in its kind, but modelled upon ancient principles' since `it was evident, from all the attempts which had been made to recall the ancient County Courts into existence .

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.

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

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