New Clause. — (Provisions as to hearing action for injunction.)

Part of Orders of the Day — County Courts Bill. – in the House of Commons at on 1 July 1924.

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Photo of Sir Patrick Hastings Sir Patrick Hastings , Wallsend

I propose to do so now the House has asked me. The reason is one which can be put shortly and which I think most hon. Members will agree is a sound one. The jurisdiction of the County Court is limited solely by financial limitations. The limitations of action in contract and in tort used to be lower than they are now. They are now increased, but they are all purely financial.

In cases of overwhelming importance, sometimes involving thousands or hundreds of thousands of pounds, which were clearly matters for the determination of the High Court, a method was sought to be adopted by some practitioners to start action in a County Court claiming an injunction. The injunction was claimed simply and solely in order that an action which should be tried in the High Court and which could not be tried in the County Court if the real facts had been brought before the Court, namely, that the issues involved both in amount and in importance largely exceeded anything that the County Court ever was intended to deal with, but because there was no claim for damages but merely a claim for injunction it was sought to obtain the jurisdiction of the Court. The County Courts universally held that that was wrong and that unless there was a claim which was within the jurisdiction of the County Courts, in the sense of being below the pecuniary limit, it could not be brought within the jurisdiction of the County Court. This Amendment is intended to affect that and to ever-rule the decision laid down, that in a case of whatever importance and whatever the magnitude of the financial issues involved, if a claim for damages or a claim for pecuniary compensation was not made, but it was merely a claim for injunction, then the County Court should have jurisdiction. That is why I say it is a most dangerous Amendment. I cannot help thinking that those who consider the Amendment will agree with me. I did not give a more lengthy explanation because I hoped that nobody would think it necessary to press the Amendment, but when I found that they did think it necessary to press it, I give this explanation