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We want to apply the measure in a very limited set of circumstances to clear up the ambiguity in the civil
14 Dec 2006 : Column GC138
Lord Kingsland: I am most grateful for that clarification. I take it that when the noble Baroness refers to the existing position, she is referring to the existing position as set out in the civil procedure rules.
Lord Kingsland: As I recall, that Act was passed in 1981. Is it true that since 1981 it has been possible for the High Court to substitute its own decision for the decision of another court? That has not been my impression.
Baroness Ashton of Upholland: The noble Lord is absolutely right; that is not the case. I shall write to the noble Lord setting the matter out properly, but new subsection (5)(a) simply contains the wording that will be inserted in the Supreme Court Act 1981. New subsection (5)(b) amends it, as it were.
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