English Law
How enviously the beleaguered garrison of Harley Street must look towards the Temple! For the second time in less than 4o years the ways of the medical profession and the livelihood of its members have become the subject of ferocious public controversy. The lawyers on the other hand have remained almost wholly undisturbed ever since the Judicature Act of 1874. Occasionally, it is true, a few of their own number propose some reform in the administration of justice. Almost invariably their suggestions are received with com- plete indifference by Parliament, the Press and the public. The average citizen may indeed share the Cromwellian view that the laws of England are a " tortuous and ungodly jumble." But, since he never expects to be involved in litigation himself, he bears with
fortitude the occasional complaints of disappointed suitors of undue delay and excessive costs.
There have, however, been certain war-time developments which have at any rate diminished the extent of public indifference. The first was the appalling congestion in the Divorce Courts which has led to the changes recently framed by the Denning Committee. The second is the enormous multiplication of offences, the great majority of which are triable summarily, under the Defence Regulations. The number of persons who either appear, or know that they are liable to appear, before the magistrates must have increased enormously since 1939. It is not, therefore, surprising that the critics of our system of Summary Jurisdiction should be more than usually vocal and that, by all accounts, the Royal Commission on Justices of the Peace should be almost overwhelmed with memoranda and applica- tions to give evidence. It is therefore a good thing that Mr. Wells's handbook, How English Law Works, should appear at this moment. It is written expressly for the layman and consists of a workmanlike account of the legal profession and machinery by which our law is applied. In the past volumes of this kind have too often been written by academic lawyers who reveal in every line their lack of first-hand experience, or by obviously unsuccessful practitioners who, naturally enough, take a jaundiced view of their profession.
Mr. Wells has succeeded in combining practical knowledge with objectivity. Not only does he give a succinct account of the work of the courts, but also contrives, in the short space of 120 pages, to touch on the more urgent problems which confront the legal profession today. He has, for example, summarised the recom- mendations of the COmmittee on Ministers' Powers regarding both the legislative and judicial powers entrusted to the Departments, though he does not seem to have realised how consistently these recommendations have been ignored by both Conservative and Socialist Governments. Presumably, this book went to. press before the recent decision of the House of Lords whereby the Crown was in effect prevented from nominating dummy defendants in actions for damages by workmen in its employ. The reader is not therefore made aware how urgent it has become to pass the Crown Proceedings Bill. Occasionally, moreover, Mr. Wells is a trifle too complacent. He has scarcely anything to say regarding the thousands of litigants, witnesses, solicitors and counsel whose time is quite unnecessarily wasted owing to the manner in which the business of the courts is often arranged. And he fails to emphasise the. utter inadequacy of the present arrangements for the representation of poor persons. Nevertheless, this is $useful book for any general reader who feels an urge to know about lawyers and the courts. DINGLE FOOT.
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