The High Court of Justice in
London
London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
, known properly as His Majesty's High Court of Justice in England, together with the
Court of Appeal and the
Crown Court, are the
Senior Courts of England and Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The United Kingdom does not have a ...
. Its name is abbreviated as EWHC (
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
High Court) for
legal citation purposes.
The High Court deals at
first instance
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
with all high value and high importance
civil law (non-
criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective.
The High Court consists of three divisions: the
King's Bench Division
The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts.
It hears appeals on point ...
, the
Chancery Division
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...
and the
Family Division
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...
. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged into the single High Court by the 19th-century
Judicature Acts
In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two Acts were the Supr ...
, but are mainly driven by the usual nature of their work, for example, conflicting evidence of fact is quite commonly given in person in the Kings's Bench Division, but evidence by affidavit is more usual in the Chancery Division which is primarily concerned with points of law.
Most High Court proceedings are heard by a single judge, but certain kinds of proceedings, especially in the Kings's Bench Division, are assigned to a
divisional court
A divisional court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges.Section 66, Senior Courts Act 1981. Matters heard by a divisional court include some criminal cases in the High Court ...
—a bench of two or more judges. Exceptionally the court may sit with a jury, but in practice normally only in defamation cases or cases against the police. Litigants are normally represented by
counsel but may be represented by solicitors qualified to hold a right of audience, or they may act in person.
In principle, the High Court is bound by its own previous decisions, but there are conflicting authorities as to what extent this is so. Appeal from the High Court in civil matters normally lies to the Court of Appeal, and thence in cases of importance to the
Supreme Court (the
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
before 2009); in some cases a "leapfrog" appeal may be made directly to the Supreme Court. In criminal matters, appeals from the Kings's Bench Divisional Court are made directly to the Supreme Court.
The High Court is based at the
Royal Courts of Justice
The Royal Courts of Justice, commonly called the Law Courts, is a court building in Westminster which houses the High Court and Court of Appeal of England and Wales. The High Court also sits on circuit and in other major cities. Designed by Ge ...
on the
Strand
Strand may refer to:
Topography
*The flat area of land bordering a body of water, a:
** Beach
** Shoreline
* Strand swamp, a type of swamp habitat in Florida
Places Africa
* Strand, Western Cape, a seaside town in South Africa
* Strand Street ...
in the
City of Westminster, London. It has district registries across
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
and almost all High Court proceedings may be issued and heard at a district registry.
History
The High Court of Justice was established in 1875 by the
Supreme Court of Judicature Act 1873
The Supreme Court of Judicature Act 1873 (sometimes known as the Judicature Act 1873) was an Act of the Parliament of the United Kingdom in 1873. It reorganised the English court system to establish the High Court and the Court of Appeal, and ...
. The Act merged eight existing English courts—the
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equ ...
, the
Court of King's Bench
The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions.
* Court of King's Bench (England), a historic court court of common ...
, the
Court of Common Pleas
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
, the
Court of Exchequer, the
High Court of Admiralty
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offences.
Admiralty courts in the United Kingdom England and Wales
Scotland
The Scottish court's earliest ...
, the
Court of Probate
In the history of the courts of England and Wales, the Court of Probate was created by the Court of Probate Act 1857, which transferred the jurisdiction of the ecclesiastical courts in testamentary matters to the new court so created.
The Judg ...
, the
Court for Divorce and Matrimonial Causes
In the history of the courts of England and Wales, the Court for Divorce and Matrimonial Causes was created by the Matrimonial Causes Act 1857, which transferred the jurisdiction of the ecclesiastical courts in matters matrimonial to the new cou ...
, and the London Court of Bankruptcy—into a new Supreme Court of Judicature (now known as the
Senior Courts of England and Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The United Kingdom does not have a ...
). The new Supreme Court was divided into the
Court of Appeal, which exercised
appellate jurisdiction, and the High Court, which exercised
original jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
India
In India, the S ...
.
Divisions
Originally, the High Court consisted of five divisions, the King’s Bench, Common Pleas, Exchequer, Chancery, and Probate, Divorce and Admiralty divisions. In 1880, the Common Pleas and Exchequer divisions were abolished, leaving three divisions. The Probate, Divorce and Admiralty Division was renamed to the Family Division by the
Administration of Justice Act 1970
The Administration of Justice Act 1970 (c. 31) is a UK Act of Parliament. Section 11 reforms the Debtors Act 1869 by further restricting the circumstances in which debtors may be sent to prison. Section 40 includes a number of provisions forbiddi ...
, and its jurisdiction reorganised accordingly. The High Court is now organised into three divisions: the King's Bench Division, the Chancery Division, and the Family Division. A list of hearings in the High Court's divisions is published daily.
King's Bench Division
The King's Bench Divisionor Queen’s Bench Division when the
monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority and power i ...
is femalehears a wide range of common law cases and also has special responsibility as a supervisory court. It consists of an Administrative Court, Commercial Court, Technology and Construction Court, and the Admiralty Court.
Chancery Division
The Chancery Division (housed in the
Rolls Building
The Rolls Building is a judicial court complex on Fetter Lane in the City of London that is used by the High Court of Justice (one of the Senior Courts of England and Wales). It houses the commercial and property business of the Chancery Division ...
) deals with
business law,
trust
Trust often refers to:
* Trust (social science), confidence in or dependence on a person or quality
It may also refer to:
Business and law
* Trust law, a body of law under which one person holds property for the benefit of another
* Trust (bus ...
s law,
probate law, insolvency, and
land
Land, also known as dry land, ground, or earth, is the solid terrestrial surface of the planet Earth that is not submerged by the ocean or other bodies of water. It makes up 29% of Earth's surface and includes the continents and various isla ...
law in relation to issues of
equity. It has specialist courts (the
Patents Court
The Patents Court is a specialist court within the Chancery Division of the High Court of Justice of England and Wales. It deals with disputes relating to intellectual property
Intellectual property (IP) is a category of property that includ ...
and the
Companies Court
The Companies Court (now part of the Insolvency and Companies List) is a specialist court within the Chancery Division of the High Court of Justice of England and Wales, which deals with certain matters relating to companies. These include matters ...
) which deal with patents and registered designs and
company law matters respectively. All tax appeals are assigned to the Chancery Division.
The head of the Chancery Division was known as the
Vice-Chancellor
A chancellor is a leader of a college or university, usually either the executive or ceremonial head of the university or of a university campus within a university system.
In most Commonwealth and former Commonwealth nations, the chancellor ...
until October 2005, when the title was changed by the Constitutional Reform Act 2005 to
Chancellor of the High Court
The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and Queens Bench) sit by virtue of their offices often, as and wh ...
. The first Chancellor (and the last Vice-Chancellor) was Sir
Andrew Morritt
Sir Robert Andrew Morritt, CVO (born 5 February 1938), is a former British judge who served as Chancellor of the High Court of England and Wales.
Life and career
Morritt was educated at Eton College and Magdalene College, Cambridge, and was ...
, who retired in 2013 to be succeeded by Sir
Terence Etherton
Terence Michael Elkan Barnet Etherton, Baron Etherton, (born 21 June 1951) is a British retired judge and member of the House of Lords. He was the Master of the Rolls and Head of Civil Justice from 2016 to 2021 and Chancellor of the High Court ...
. In 2016, Sir
Geoffrey Vos
Sir Geoffrey Charles Vos (born 22 April 1955) is a British judge. Since January 2021, he has held the position of Master of the Rolls, the head of civil justice in the court system of England and Wales.
Early life
Vos was born on 22 April 1955 ...
succeeded Etherton as Chancellor on the latter's appointment as
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of ...
. Cases heard before the Chancery Division are reported in the Chancery Division law reports. In practice, there is some overlap of jurisdiction with the KBD.
From October 2015, the Chancery Division and the
Commercial Court have maintained the Financial List for cases which would benefit from being heard by judges with suitable expertise and experience in the financial markets or which raise issues of general importance to the financial markets. The procedure was introduced to enable fast, efficient and high quality dispute resolution of claims related to the financial markets.
Business and Property Courts
The formation within the High Court of the Business and Property Courts of England & Wales was announced in March 2017, and launched in London in July 2017. The courts would in future administer the specialist jurisdictions previously administered in the King's Bench Division under the names of the Admiralty Court, the Commercial Court, and the Technology and Construction Court, and in the Chancery Division under the lists for Business, Company and Insolvency, Competition, Financial, Intellectual Property, Revenue, and Trusts and Probate. The change was meant to enable judges who have suitable expertise and experience in the specialist business and property jurisdictions to be cross-deployed to sit in the specialist courts, while continuing existing
practices for cases that proceed in them.
Family Division
The Family Division deals with personal human matters such as divorce, children,
probate and
medical treatment. Its decisions are often of great importance only to the parties, but may concern life and death and are perhaps inevitably regarded as controversial. For example, it permitted a hospital to separate
conjoined twins
Conjoined twins – sometimes popularly referred to as Siamese twins – are twins joined ''Uterus, in utero''. A very rare phenomenon, the occurrence is estimated to range from 1 in 49,000 births to 1 in 189,000 births, with a somewhat higher in ...
without the parents' consent. In 2002 it made a landmark judgement in the case of ''
Ms B v An NHS Hospital Trust
Ms B v An NHS Hospital Trust''[2002EWHC 429 (Fam)">002">[2002EWHC 429 (Fam)is a decision of the United Kingdom High Court of Justice which ruled that if a patient is mentally competent, they have the right to refuse life saving medical treatment.
...
'' regarding the right of mentally competent patients to withdraw from life-saving treatment. The Family Division exercises jurisdiction to hear all cases relating to children's welfare, and has an exclusive jurisdiction in wardship cases. Its head is the President of the Family Division, currently Sir Andrew McFarlane (judge), Andrew McFarlane. High Court Judges of the Family Division sit at the Royal Courts of Justice, Strand, London, while District Judges of the Family Division sit at First Avenue House, Holborn, London.
The Family Division is comparatively modern. The
Judicature Acts
In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two Acts were the Supr ...
first combined the
Court of Probate
In the history of the courts of England and Wales, the Court of Probate was created by the Court of Probate Act 1857, which transferred the jurisdiction of the ecclesiastical courts in testamentary matters to the new court so created.
The Judg ...
, the
Court for Divorce and Matrimonial Causes
In the history of the courts of England and Wales, the Court for Divorce and Matrimonial Causes was created by the Matrimonial Causes Act 1857, which transferred the jurisdiction of the ecclesiastical courts in matters matrimonial to the new cou ...
and the
High Court of Admiralty
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offences.
Admiralty courts in the United Kingdom England and Wales
Scotland
The Scottish court's earliest ...
into the then ''Probate, Divorce and Admiralty Division'' of the High Court, or ''The Court of Wills, Wives and Wrecks'', as it was informally called. That was renamed the Family Division in 1971 when the admiralty and contentious probate business were transferred elsewhere.
The Family Division has faced criticism by allowing allegedly abusive partners to
cross-examine
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and ...
their former partners; a procedure already banned in criminal procedure.
Peter Kyle
Peter Kyle (born 9 September 1970) is a British politician serving as Shadow Secretary of State for Northern Ireland since 2021. A member of the Labour Party, he has been Member of Parliament (MP) for Hove since 2015.
A former charity sector ...
,
MP for Hove, claimed this amounted to "abuse and brutalisation", and called for the system to be changed.
Liz Truss
Mary Elizabeth Truss (born 26 July 1975) is a British politician who briefly served as Prime Minister of the United Kingdom and Leader of the Conservative Party from September to October 2022. On her fiftieth day in office, she stepped down ...
, when she was
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. Th ...
, announced plans to end this practice, and proposals were contained in Clause 47 of the Prisons and Courts Bill before
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
was
prorogued
A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two elections ...
for the
2017 General Election.
Sittings
The High Court only operates within four traditional periods in the year, known as ''sittings'':
:''Michaelmas'': 1 October to 21 December
:''Hilary'': 11 January to the Wednesday before Easter
:''Easter'': the second Tuesday after Easter to the Friday before the
Spring bank holiday
A bank holiday is a national public holiday in the United Kingdom, Republic of Ireland and the Crown Dependencies. The term refers to all public holidays in the United Kingdom, be they set out in statute, declared by royal proclamation or held ...
(last Monday in May)
:''Trinity'': the second Tuesday after the spring holiday to 31 July
Judges
The ''Justices of His Majesty's High Court of Justice'' are informally known as ''High Court judges'', and in judicial matters are formally styled "The Honourable Mr(s) Justice (Forename) Surname", abbreviated in writing to "Surname J". In court, they are properly addressed as ''My Lord'' or ''My Lady''. Since by convention they are knighted upon appointment, socially they are addressed as ''Sir Forename'' or ''Dame Forename''. High Court judges are sometimes referred to as ''red judges'' after the colour of their formal robes, in contrast to the junior circuit judges who are referred to as ''purple judges'' for the same reason.
Masters (also judges in the High Court) are addressed as 'Master', regardless of gender, or ‘Judge’ and they wear dark blue gowns with pink tabs echoing the red of the High Court justices' robes. Within the Chancery Division of the High Court, there are also
Insolvency and Companies Court Judges, who hear the majority of High Court insolvency (both personal and corporate) and company law cases and trials, together with some appeals from the County Court. They too wear dark blue gowns with pink tabs and are addressed as 'Judge' in court.
Justices of the High Court, Insolvency and Companies Court Judges and Masters are appointed by the King on the recommendation of
Judicial Appointments Commission
The Judicial Appointments Commission (JAC) is an independent commission that selects candidates for judicial office in courts and tribunals in England and Wales and for some tribunals whose jurisdiction extends to Scotland or Northern Ireland.
Sy ...
, from qualified lawyers. The Lord Chancellor, and all government ministers, are statutorily required to "uphold the continued independence of the judiciary", and both Houses of Parliament have standing orders to similar effect. High Court justices may be removed before their statutory retirement age only by a procedure requiring the approval of both Houses of Parliament.
In addition to full High Court justices, other qualified persons such as retired judges, circuit judges from the
County Court, and barristers are appointed to sit as deputy judges of the High Court to hear particular cases, and while sitting are addressed as though they were full High Court judges. Trials in London are also conducted by Insolvency and Companies Court Judges and Masters, who have almost identical trial jurisdiction to full High Court judges but who do not hear committals to prison, criminal cases, or judicial review and do not travel 'on circuit' to outlying courts.
High Court justices (usually from the Kings's Bench Division) also sit in the
Crown Court, which try the more significant criminal cases, but High Court Judges only hear the most serious and important cases, with
circuit judges and
recorders hearing the majority.
Circuits and district registries
Historically the ultimate source of all justice in England was the monarch. All judges sit in judgment on the monarch's behalf (hence they have the royal coat of arms displayed behind them) and criminal prosecutions are generally made in the monarch's name. Historically, local magnates administered justice in
manorial courts and other ways. Inevitably, the justice administered was patchy and appeals were made direct to the monarch. The monarch's travelling representatives (whose primary purpose was tax collection) acted on behalf of the monarch to make the administration of justice more even.
The tradition continues of judges travelling around the country in set 'circuits', where they hear cases in the 'district registries' of the High Court. The 'main' High Court (in the City of Westminster, London) is not itself a High Court district registry.
The High Court previously divided England and Wales into six circuits namely the Midlands, Northern England, North Eastern England, South Eastern England, Wales (including
Cheshire), and Western England. Since 2005, the High Court has used seven circuits, listed below, which are identical to the
Crown Court regions.
*London, consisting of the
Greater London region.
*Midlands, consisting of the
East Midlands and
West Midlands
West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth.
Etymology
The word "west" is a Germanic word passed into some ...
regions, plus
North East Lincolnshire and
North Lincolnshire
North Lincolnshire is a unitary authority area in Lincolnshire, England, with a population of 167,446 in the 2011 census. The borough includes the towns of Scunthorpe, Brigg, Haxey, Crowle, Epworth, Bottesford, Kirton in Lindsey and Bar ...
.
*North East England, consisting of the
North East England and
Yorkshire and the Humber
Yorkshire and the Humber is one of nine official regions of England at the first level of ITL for statistical purposes. The population in 2011 was 5,284,000 with its largest settlements being Leeds, Sheffield, Bradford, Hull, and York.
It is ...
regions, minus North East Lincolnshire and North Lincolnshire.
*North West England, consisting of the
North West England region.
*South East England, consisting of the
East of England and
South East England
South East England is one of the nine official regions of England at the first level of ITL for statistical purposes. It consists of the counties of Buckinghamshire, East Sussex, Hampshire, the Isle of Wight, Kent, Oxfordshire, Berkshi ...
regions, minus
Hampshire
Hampshire (, ; abbreviated to Hants) is a ceremonial and non-metropolitan county in western South East England on the coast of the English Channel. Home to two major English cities on its south coast, Southampton and Portsmouth, Hampshire ...
and the
Isle of Wight
The Isle of Wight ( ) is a Counties of England, county in the English Channel, off the coast of Hampshire, from which it is separated by the Solent. It is the List of islands of England#Largest islands, largest and List of islands of England#Mo ...
.
*South West England, consisting of the
South West England
South West England, or the South West of England, is one of nine official regions of England. It consists of the counties of Bristol, Cornwall (including the Isles of Scilly), Dorset, Devon, Gloucestershire, Somerset and Wiltshire. Cities ...
region, plus Hampshire and the Isle of Wight.
*Wales, consisting of all of Wales.
Costs Office
The Senior Courts Costs Office, which quantifies legal costs pursuant to orders for costs, serves all divisions. The Costs Office is part of the High Court, so generally all detailed assessment proceedings commenced in the Costs Office are subject to provisional assessment.
[Ministry of Justice]
Civil Procedure Rule 47.15(1)
accessed 18 April 2014 Exceptions from provisional assessment are detailed assessment proceedings in which the costs claimed are large (greater than £75,000) or in which the potential paying party does not respond to the notice of assessment.
See also
*
High Court enforcement officer
A High Court enforcement officer (HCEO) is an officer of the High Court of England and Wales responsible for enforcing judgements of the High Court, often by seizing goods or repossessing property. Prior to 2004, HCEOs were known as ''sheriff's ...
Notes
References
Bibliography
*
External links
Royal Courts of Justice
{{DEFAULTSORT:High Court Of Justice
Courts of equity
1875 establishments in the United Kingdom
Courts and tribunals established in 1875