Administration Of Justice Act 1696
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The Administration of Justice Act 1696 (8 & 9 Will 3 c 11) was an Act of the
Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised t ...
, originally titled ''An Act for the better preventing of frivolous and vexatious Suits.


Repeals

Sections 1 to 3 and 5 to 7 were repealed by section 2 of, and Part II of the Schedule to, the
Civil Procedure Acts Repeal Act 1879 The Civil Procedure Acts Repeal Act 1879 ( 42 & 43 Vict. c. 59) is an Act of the Parliament of the United Kingdom. It is a public general Act. The Bill for this Act was the Civil Procedure Acts Repeal Bill. This Act was repealed by section 1 o ...
. This repeal did not operate in respect of any court other than the Supreme Court of Judicature in England. Sections 1 to 3 and 5 to 7 were repealed by section 4 of the Statute Law Revision and Civil Procedure Act 1883. But see section 7 of that Act as to the
Lancaster Palatine Court The Court of Chancery of the County Palatine of Lancaster was a court of chancery that exercised jurisdiction within the County Palatine of Lancaster until it was merged into the High Court in 1972. Relevant legislation The court was regulated b ...
and the inferior civil courts (now abolished). Sections 99(1)(f) and (g) of, and Schedule 1 to, the
Supreme Court of Judicature (Consolidation) Act 1925 The Supreme Court of Judicature (Consolidation) Act 1925, sometimes referred to as the Supreme Court of Judicature Act 1925, was an Act of the Parliament of the United Kingdom. Section 99 This section was replaced by section 84 of the Supreme C ...
provided that the whole Act, so far as unrepealed, could be repealed by rules of court made under section 99 of the Supreme Court of Judicature Act 1925. Section 4 was repealed by section 2 of, and Part I of the Schedule to, the
Civil Procedure Acts Repeal Act 1879 The Civil Procedure Acts Repeal Act 1879 ( 42 & 43 Vict. c. 59) is an Act of the Parliament of the United Kingdom. It is a public general Act. The Bill for this Act was the Civil Procedure Acts Repeal Bill. This Act was repealed by section 1 o ...
. In Section 8, the words from "from and after" to "ninety and seven" were repealed by section 1 of, and Schedule 1 to, the
Statute Law Revision Act 1948 The Statute Law Revision Act 1948 is an Act of the Parliament of the United Kingdom. Section 5(3) of the Statute Law Revision Act 1950 provided that this Act, so far as it repealed chapter 34 of the Statute of Westminster 1285 (13 Edw. 1 St. ...
.


Case reference

The Act was referred to by the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
in the
House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
decision on '' Clydebank Engineering and Shipbuilding Co. Ltd. v. Don Jose Ramos Yzquierdo y Castaneda'' (1904) as the law "upon which English lawyers rely" for making the distinction between
damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
and
penalties Penalty or The Penalty may refer to: Sports * Penalty (golf) * Penalty (gridiron football) * Penalty (ice hockey) * Penalty (rugby) * Penalty (rugby union) * Penalty kick (association football) * Penalty shoot-out (association football) * Penalty ...
.Clydebank Engineering and Shipbuilding Co., Limited v. Don Jose Ramos Yzquierdo y Castaneda
published 19 November 1904, accessed 16 May 2016


See also

*
Administration of Justice Act Administration of Justice Act (with its variations) is a stock short title used for legislation in the United Kingdom relating to the administration of justice. The Bill for an Act with this short title may have been known as a Administration of J ...


References

*
Halsbury's Statutes ''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measur ...
, Acts of the Parliament of England 1696 in law 1696 in England {{England-statute-stub