IS THE LAW AN ASS ?
[To the Editor of THE SPECTATOR] SI12,—AS a practising lawyer of some years' standing I must take exception to your statement that the law is often, if not always, an ass. On the other hand, I am in entire agreement with your remarks on the impossible position which has arisen owing to the decision in the Rose and Ford case.
The law, that is the English Common Law, has in its wisdom through the years evolved certain excellent and practical principles to govern the right to damages. Parliament in its haste or inadvertence has passed an Act to extend this right to cover the contingency of death. In so doing it has inten- tionally, or more probably without intent, used words which have upset the sound and well-established principles of the Common Law ; hence the decision in Rose and Ford.
A position of hopeless confusion has therefore been created, and the sooner Parliament rectifies it the better by passing an act to nullify the effect of the decision.—Yours faithfully,
JAMES W. T. HOLLAND.
27 Sefton Drive, Liverpool 8.
Previous page
