(
Enclosure 1.
do.
591
be objected to by the respondent and in view of the
precedents set by Mr. Gompertz and Mr. Rees Davies the
objection would probably be successful.
In connection with this aspect of the case I
enclose copy of a minute by the Crown Solicitor and of one
by Mr. Hazeland as Acting Attorney General.
No action was
taken at the time on these minutes pending an actual
pronouncement by Mr. Rees Davies as to whether he would
or would not hear the appeal against Sir F. Piggott's
decision as to costs in the first Habeas Corpus case. It
is suggested in these minutee that the opinion of the Law
officere of the Crown should be obtained, if it has not
been already obtained on some previous occasion, as to
whether the Attorney who has advised in any proceedings is
disqualified from sitting as a Judge in the same proceed-
ings on the ground of interest.
6.
It is doubtful,
however,
whether
the Judges would feel themselves bound by any pronouncement
which Your Lordship might obtain from the Law Officers of
the Crown as to the application of the principle of
"disqualification for interest", and the only remedy as it
seems
No comments yet.
Private notes are available after approval.