The Gazette 1967/71

itself differ greatly from one type of tribunal to another. As you know, the Council on Tribunals has been looking into the question of assistance in proceedings before tribunals and will be re porting to me soon. But the idea of a flat rate contribution 'on the stamp' does not at present attract me as a particularly equitable way out of the problem. Following the advice of the Legal Aid Advisory Committee, legal aid was extended to the Lands Tribunal. That committee recom mended against further extension (Legal Aid and Advice report for 1966-67, HC Paper no 373 of 1968, p 56, para 22) and it would be a bold man who pressed a view to the contrary in the present financial climate. Editor: (c) Have you any comment on the Consumer Council's recent report recommending Small Claims Courts at which legal representation would be prohibited? Lord Chancellor: I agree with the Consumer Council in thinking that it should be possible to simplify county court procedure in the case of small claim and I hope before long to be able to announce something about this. But there are features of the report I find less attractive. I could not support a court from which particular classes of litigants were excluded or in which represen tation is prohibited, and, like the Council on Tri bunals in its recent report, I do not as a matter of general policy view with favour proposals for the proliferation of separate courts with special jurisdictions unless other solutions have been tried and found wanting. I do not think one can over look, and I think the Consumer Council under estimates, the burden on public funds which the proposal in its present form would involve, or the difficulty of bearing the additional load in terms of manpower at a time when court delays are a serious problem, and the new Divorce Act will be pressing very heavily on county court staff. In other words, I hope to achieve the main objective by other means. County courts Editor: 4 (a) Does not the report just men tioned indicate that county courts are failing to fill the role originally envisaged for them? Lord Chancellor: No. Despite the additional

jurisdiction which Parliament is constantly assign ing to them the county courts s'till manage to fill their original role as the poor man's courts. The figures for costs given in the report relate to con tested cases, which are a small proportion of the whole, and it must be emphasised that very often comparatively small claims may raise difficult issues of law and fact, which is something I believe the Consumer Council tends to overlook. Editor: (b) Nevertheless, should there not be a drive to simplify county court procedure? Lord Chancellor: As I have said, this is some thing which I have very much in mind, particu larly in classes of case where litigants are likely to appear in person. Editor: (c) In view of the widespread handling of business by solicitors before county courts, should they not be eligible for appointment to the county court bench? Lord Chancellor: I do not myself think that this would be an improvement. This will no doubt be debated when the bill to give effect to the pro posals of the Beeching Commission comes before Parliament. Quite apart from any other consider ation, I do not ordinarily appoint to the county court bench barristers with a practice mainly or exclusively in the county courts, and therefore the premise on which the question is based is un sound. Especially with their proposed new juris diction, county court judges must be chosen from the most experienced and successful practitioners of that profession or those professions which Parliament decides to be appropriate. I have found in connection with appointments of county court registrars that solicitors are generally un willing to be moved from their own area. Editor: (d) Should not registrars of county courts anyway be so eligible? Lord Chancellor: This does not seem to be more than a slightly less attractive variant of the last suggestion. Apart from any other consider ation a registrar is selected on the basis of his experience of the work of the county courts and he may know nothing whatever of the criminal courts. The county court judges, on the other hand, are nowadays expected to an increasing extent to be able to sit at sessions and under Beeching every newly appointed circuit judge will have to be ready to sit in the Crown Court if called 192