United Kingdom House of Lords Decisions

Lord Chancellor—My Lords, I confess that I am certainly struck with the scandal which such a case as this may be considered to throw upon the administration of justice. Here is a case which was positively unarguable in the first Court, it has then gone to the Court of Session, and having by the united authority of the whole of that Court been declared to be unarguable, it now comes before your Lordships in such a way as to show that whatever may be the ingenuity and ability of the learned counsel who have argued it on behalf of the appellant, there is really no arguable point in the whole of this litigation. In an effort to get out of that which was the real subject of the appeal the learned counsel have, not unnaturally, desired to raise some other points than those actually contained in the appeal, which suggests the remark that with their ability and learning they must have known that no part of this case is really arguable. Under those circumstances the respondents here have had to meet a case which now in the final Court of Appeal has come before your Lordships in forma pauperis.

My Lords, I cannot forbear saying that the frequency with which these causes in forma pauperis are presented at your Lordships' bar, when there is really no sub-stantial point to be argued, renders it certainly a fit matter for consideration, whether some new rule on that subject ought not to be made by statute. I doubt very much whether your Lordships have the power to interpose any further barrier than that which already exists upon the flow of forma pauperis cases to this tribunal.

My Lords, every point which has been raised has been sufficiently met in the course of the argument by the interlocutory observations of your Lordships, and I certainly do not myself propose to pay this case the compliment of attempting to re-state in other words what has been abundantly and clearly laid down by all the learned Judges in the Courts below.

I therefore move that the appeal be dismissed.

Lord Watson—My Lords, I can only express my concurrence in the proposed judgment, which I hope will put an end to this miserable litigation. I need not say that I deplore with your Lordship that State of matters which permits a case of such a wretched description to reach the bar of your Lordships' House.

Lord Herschell—My Lords, I am of the same opinion. I desire to express my concurrence in the observations which my noble and learned friend on the woolsack has made as to the necessity of some course being taken which will put a stop to cases being brought in forma pauperis on appeal to your Lordships' House (thereby putting the other party necessarily to expense) for which there is not the slightest shadow of foundation. It appears to me that where the person appealing seeks for power to sue in forma pauperis, which he can only do by permission, and which confers upon him a very considerable right in respect of his freedom from obligation to pay the costs of the other party even if he is unsuccessful, it would be no interference with any reasonable right of appeal to require as a condition that he should show, in the first instance, some reasonable foundation for the appeal which he seeks to prosecute in that form.

Lord Macnaghten—My Lords, I quite agree in all the observations which have been made by the noble and learned Lords who have preceded me.

Lord Morris concurred.

Their Lordships affirmed the judgment of the First Division and dismissed the appeal.