Publisher's Synopsis
Excerpt from The Principles of Equity and the Equity Practice of the County Court: For the Use of Practitioners in the Chancery Division of the High Court of Justice, and in the County Court; With Precedents and Forms of Particulars of Claim, and Defendants' Statements, Notices of Motion, Affidavits, Judgments, Orders
It has been generally admitted that by the passing Of the Act Of 1865 (c. 99) to confer on the County Courts a limited juris ldiction in Equity, a very important addition was made to Our I juridical system but it is to be regretted that, during the period Of over thirty years which has elapsed since the passing of that Act, the equitable jurisdiction Of the County Court has by no means kept pace with the improvements from time to time made in respect Of its Common Law jurisdiction. By the power con ferred upon the High Court to remit Common Law actions for trial in certain cases to the County Court, the pressure of business upon the Queen's Bench Division has been relieved to a very large extent; and further improvements are in contemplation. In the year 1893 a Committee was appointed by Lord Herschell to make inquiry into the distribution of the County Courts; and as to whether any and what changes should be made as to the Courts, and their districts, and the number Of Judges, and the assignment Of Courts amongst them, and as to the establishment Of a Central Issuing Ofiice for the Metropolitan districts, and a Central Court for trial Of actions remitted from the High Court. The Committee has not yet made its formal report; but it has been unofficially announced that it has agreed to recommend the establishment Of such Central Court.
Whatever may be the reason why so few Equity cases are tried in the County Court, it is submitted that a very considerable improvement would be effected if a Court were constituted in the immediate vicinity Of the Royal Courts Of Justice, presided over by a Judge of training and experience in Equity business, whoseprimary, if not sole busmess, would be the trial and hearing for the Metropolitan districts; and perhaps some of the adjoining Home Counties, of cases within the Equity jurisdiction of the County Court. It is also submitted that it would be a consider able improvement if appeals from the County Court in Equity cases were heard by a tribunal including at least one of the Judges Of the Chancery Division; or better still, if cases involving money or other property above some specified limit, were to go at once before the Court of Appeal.
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