United Kingdom House of Lords Decisions

Lord Chancellor—Mr Gore Browne, their Lordships have been considering this case, and what they are prepared to do is to continue the sist with no costs of the appeal, the arrestees to find caution to pay the appellants the same sum as may be found to be due, the House to continue the sist until the end of the war merely on the ground of convenience, and expressing no opinion as to any of the grounds given for the sist in the Court of Session.

Mr Gore Browne—My Lord, I should assent with great reluctance to that judgment.

Lord Chancellor—I do not ask you to assent to it. That would not be fair. We will hear with pleasure anything you have to say.

The learned counsel is heard to conclude his argument.

Lord Chancellor—A question of great importance has been raised in this appeal, on which I do not think it is desirable that any opinion should at present be expressed. The course I suggest should be taken is this—That the sist should be continued; no costs of this appeal, the arrestees to find caution for payment to the appellants of such sum as may hereafter be found to be due. This House continues the sist till the end of the war merely on the ground of convenience, and expresses no opinion as to any of the grounds given for the sist in the Court of Session.

Viscount Haldane—I concur.

Lord Dunedin—I concur. I have no doubt that although as a rule a person is entitled to have the process of the Court made good to him on his claims there is always in the Scotch Court—and we are sitting as the Supreme Scottish Court—a right to sist a cause for any good reason.

Lord Shaw—1 agree.

Lord Parmoor—I concur.