"My Lords, so far all noble Lords have spoken in the one sense in relation to this clause. Obviously, in the interests of balance, it is important to consider whether there is anything to be said in favour of the clause. So far as I am concerned, there has been …..." Lord Mackay of Clashfern - View Speech
"My Lords, I wonder whether I might invite the noble Lord to say what the present rules are and what are the powers under which this costs capping happens...." Lord Mackay of Clashfern - View Speech
"Is the noble Lord able to say when that power was introduced? I am trying to work from my memory, and I do not remember. Of course, I am not saying that my memory is perfect. I am just wondering when it came in...." Lord Mackay of Clashfern - View Speech
"I think that it is fair to say that the ultimate upper limit for judges is 75; that of course accounts for a good number of our noble and learned friends who are here today. The difficulty of fixing that limit was just the same as for jurors. The general …..." Lord Mackay of Clashfern - View Speech
"My Lords, I, of course, have nothing like the width of experience that has been spoken of already by a number of noble and learned Lords and other noble Lords. However, I have a certain amount of responsibility in connection with judicial review from quite an early stage.
"If that were necessary. I regard it as something that could happen under the existing clause because the outcome for the applicant could include a declaration, in my judgment. It is a question of whether the court thought a declaration appropriate. If it did, it could do so, notwithstanding the …..." Lord Mackay of Clashfern - View Speech
"My Lords, judicial discretion is a very important aspect of the judicial process. However, embedded in judicial discretion is the fact that you cannot know in advance with precision how that discretion will be exercised. If you have studied the sentencing guidelines you may know roughly the areas in which …..." Lord Mackay of Clashfern - View Speech
"That is not correct. The case that I referred to was at first instance in a trial in the High Court in Glasgow...." Lord Mackay of Clashfern - View Speech
"My Lords, as a member of Barnardo’s, I am delighted on this occasion to be able to agree with my noble and learned friend...." Lord Mackay of Clashfern - View Speech
"My Lords, I am deeply opposed to the Bill but strongly in favour of it being afforded a Second Reading so that we may have the opportunity to discuss the many vitally important issues that it raises. After such discussion, there will then be an opportunity to take a vote …..." Lord Mackay of Clashfern - View Speech