The King's Bench Division (or 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. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
is female) of the
High Court of Justice
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 of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ...
deals with a wide range of common law cases and has supervisory responsibility over certain lower courts.
It hears appeals on points of law from
magistrates' courts
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Cour ...
and from the
Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
. These are known as appeals by way of
case stated
In law, a case stated is a procedure by which a court or tribunal can ask another court for its opinion on a point of law. There are two kinds: consultative case stated and appeal by way of case stated. A consultative case stated is made at the ...
, since the questions of law are considered solely on the basis of the facts found and stated by the authority under review.
Specialised courts of the King's Bench Division include the Administrative Court, Technology and Construction Court, Commercial Court, and the Admiralty Court. The specialised judges and procedures of these courts are tailored to their type of business, but they are not essentially different from any other court of the King's Bench Division.
Appeals from the High Court in civil matters are made to the
Court of Appeal (Civil Division); in criminal matters appeal from the Divisional Court is made only to the
Supreme Court of the United Kingdom.
History
In England and Wales, the Court of King's Bench (or Court of Queen's Bench) was the name of two courts. Each was a senior court of
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
, with civil and criminal jurisdiction, and a specific jurisdiction to restrain unlawful actions by public authorities.
The Court of King's Bench grew out of the King's Court, or ''
Curia Regis'', which, both in character and the essence of its jurisdiction, dates back to the reign of King
Alfred
Alfred may refer to:
Arts and entertainment
*''Alfred J. Kwak'', Dutch-German-Japanese anime television series
* ''Alfred'' (Arne opera), a 1740 masque by Thomas Arne
* ''Alfred'' (Dvořák), an 1870 opera by Antonín Dvořák
*"Alfred (Interlu ...
. At first, it was not specifically a court of law, but was the centre of royal power and national administration in England, consisting of the King, together with his advisors, courtiers, and administrators. At an unknown point, another court, independent of the King's personal presence, grew out of the ''Curia Regis'', and consisted of a number of royal judges who would hear cases themselves. It was recorded in the chronicle of
Abbot Benedict of Peterborough that, in 1178,
Henry II ordered that five judges of his household should remain in ''Curia Regis'', referring only difficult cases to himself. The situation seemed, thereafter, to be that a central royal court, called ''The Bench'', began to sit regularly at
Westminster
Westminster is an area of Central London, part of the wider City of Westminster.
The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Bu ...
, leading, at some stage, to a separation between the hearing of matters relevant to the King and those that had no royal connection, which came to be known as ''common pleas''.
In 1215, the
Magna Carta
(Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the ...
provided that there should be a courtthe
Common Bench
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century afte ...
(later Court of Common Pleas), which met in a fixed placeand, by 1234, two distinct series of plea rolls existed: ''de banco''those from the Common Benchand ''coram rege'' (Latin for "in the presence of the King")for those from the King's Bench. The King's Bench, being a theoretically movable court, was excluded from hearing common pleas, which included all ''
praecipe Writs of praecipe (imperative of the Latin '' praecipio'' ("I order"), thus meaning "order his) are a widespread feature of the common law tradition, generally involving the instigation of some form of swift and peremptory action.
Early developmen ...
'' actions for the recovery of property or debt, while actions of
trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding ...
and
replevin were shared between the two benches. In practice pleas of the Crown were heard only in the King's Bench.
![Illuminated membrane, with portrait of Elizabeth, 1584](https://upload.wikimedia.org/wikipedia/commons/e/ef/Illuminated_membrane%2C_with_portrait_of_Elizabeth%2C_1584.jpg)
The King's Bench was further divided into two parts: the Crown side, which had an unlimited criminal jurisdiction, both at first instance or as a court to which legal questions arising out of indictments in other courts could be referred; and the plea side, which dealt with actions of trespass, appeals of felony, and writs of error. The
Lord Chief Justice
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
of the King's Bench was also styled Lord Chief Justice of England, being the highest permanent judge of
the Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
.
The King's Bench became a fixed court sitting in
Westminster Hall
The Palace of Westminster serves as the meeting place for both the House of Commons of the United Kingdom, House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parli ...
. Its justices travelled on circuit (a requirement of Magna Carta). By a legal fiction, criminal cases to be heard in the shires were set down for trial in Westminster Hall "unless before" (''
nisi prius'') the justice came to the county, which was where the trial actually took place.
During the
Commonwealth of England
The Commonwealth was the political structure during the period from 1649 to 1660 when England and Wales, later along with Ireland and Scotland, were governed as a republic after the end of the Second English Civil War and the trial and execut ...
, from 1649 to 1660, the court was known as the ''Upper Bench''.
The English Court of King's Bench was abolished 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 Court's jurisdiction passed in each case to a new High Court of Justice and specifically to the King's Bench Division of that court.
The court also gave its name to London's
King's Bench Prison
The King's Bench Prison was a prison in Southwark, south London, England, from medieval times until it closed in 1880. It took its name from the King's Bench court of law in which cases of defamation, bankruptcy and other misdemeanours were hea ...
, in which many defendants were subsequently incarcerated, and to King's Bench Walk in the
Inner Temple
The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and Wal ...
.
Subdivisions
Administrative Court
The Administrative Court deals mainly with
administrative law
Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are gener ...
matters and exercises the High Court's supervisory jurisdiction over inferior courts and tribunals and other public bodies. It is generally the appropriate legal forum where the validity (but, at least in principle, not the merits) of official decisions may be challenged. Generally, unless specific appeal processes are provided, the validity of any decision of a
minister of the crown
Minister of the Crown is a formal constitutional term used in Commonwealth realms to describe a minister of the reigning sovereign or viceroy. The term indicates that the minister serves at His Majesty's pleasure, and advises the sovereign or ...
, inferior court, tribunal, local authority or other official body may be challenged by a judge with sufficient interest through the exercise of
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
. A single judge first decides whether the matter is fit to bring to the Court (to filter out frivolous or unarguable cases) and, if so, the matter is allowed to go forward to a full judicial review hearing with one or more judges.
The Administrative Court may sit with a single judge or as 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 ...
(i.e. with two or more judges). A divisional court of the Administrative Court usually consists of a
Lord Justice of Appeal
A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justice ...
sitting with a
judge of the High Court. Although the Administrative Court is within the King's Bench Division (reflecting the historical role of 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 ...
in exercising judicial review), judges from 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 ...
of the High Court are also assigned to sit.
Commercial Court
The Commercial Court is a major
civil court
Civil law may refer to:
* Civil law (common law), the part of law that concerns private citizens and legal persons
* Civil law (legal system), or continental law, a legal system originating in continental Europe and based on Roman law
** Private la ...
in
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 ...
that specialises on adjudicating domestic and international business disputes, with a particular emphasis on
international trade
International trade is the exchange of capital, goods, and services across international borders or territories because there is a need or want of goods or services. (see: World economy)
In most countries, such trade represents a significant ...
,
banking
A bank is a financial institution that accepts deposits from the public and creates a demand deposit while simultaneously making loans. Lending activities can be directly performed by the bank or indirectly through capital markets.
Because ...
,
insurance
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge ...
, and
commodities.
History
The Commercial Court was set up in 1895 following demands from the
City of London
The City of London is a city, ceremonial county and local government district that contains the historic centre and constitutes, alongside Canary Wharf, the primary central business district (CBD) of London. It constituted most of London fr ...
and the business community for a tribunal or court manned by judges with knowledge and experience of commercial disputes which could determine such disputes expeditiously and economically, thereby avoiding tediously long and expensive trials with verdicts given by judges or juries unfamiliar with business practices.
The commercial list was originally heard by two judges of the King's Bench Division with the appropriate knowledge and experience. As the work of the Court has expanded, eight judges now sit in the Court.
Function
The current work of the Commercial Court entails all aspects of commercial disputes, in the fields of banking and finance, disputes over contracts and business documents,
import
An import is the receiving country in an export from the sending country. Importation and exportation are the defining financial transactions of international trade.
In international trade, the importation and exportation of goods are limited ...
,
export
An export in international trade is a good produced in one country that is sold into another country or a service provided in one country for a national or resident of another country. The seller of such goods or the service provider is an ...
and
transport
Transport (in British English), or transportation (in American English), is the intentional movement of humans, animals, and goods from one location to another. Modes of transport include air, land (rail and road), water, cable, pipeline, an ...
, agency and management agreements,
shipping
Freight transport, also referred as ''Freight Forwarding'', is the physical process of transporting Commodity, commodities and merchandise goods and cargo. The term shipping originally referred to transport by sea but in American English, it h ...
, insurance and reinsurance, and commodities. The court is also the principal supervisory court for
London
London is the capital and 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 down to the North Sea, and has been a majo ...
arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ' ...
, dealing with the granting of freezing and other relief in aid of arbitration, challenges to arbitration awards, and enforcement of awards. The Mercantile Court also can hear most of these cases.
It is also a major centre for international disputes. Over 70% of the court's workload involves foreign parties where the only connection with the jurisdiction is the choice of
English and Welsh law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, b ...
in a contract.
Judges
Eight specialist judges sit in the Court at any one time. They are drawn from a list of those authorised due to their specialist knowledge and expertise. The current Judge in Charge of the Commercial Court is Dame
Sara Cockerill
Dame Sara Elizabeth Cockerill, DBE (born 7 November 1968) is a British High Court judge.
Early life and education
Cockerill was born in Weston-super-Mare, England and was educated at Lady Eleanor Holles School, funded by the Assisted Places ...
.
Financial List
From October 2015, the Commercial Court and 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 ...
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.
Technology and Construction Court
The
Civil Procedure Rules
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil ...
, which regulate
civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what ki ...
in the High Court, allocate non-exhaustive categories of work to the Technology and Construction Court (TCC), principally, as the name suggests, disputes in the areas of construction and technology.
However, since its formation in its current guise in October 1998, the court's jurisdiction has expanded such that many civil claims which are factually or technically complex are now heard in the TCC, beyond its traditional case load. For example, large-scale group
personal injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (t ...
claims are heard by the court, as are disputes arising out of the
EU's public procurement regime.
The court's reputation has steadily grown over the years, such that it is now regarded as a highly capable and knowledgeable court. Its case load has dramatically increased since 1998, both in the form of traditional
litigation
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
and through assisted methods of
alternative dispute resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for ...
. In 2011, the court moved its central location from its aged buildings in
Fetter Lane
Fetter Lane is a street in the ward of Farringdon Without in the City of London. It forms part of the A4 road and runs between Fleet Street at its southern end and Holborn.
History
The street was originally called Faytor or Faiter Lane, then Fe ...
to the newly constructed £200m
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 ...
.
History
The court was known until 9 October 1998 as the Official Referees' Court, a name which reflected its old status as a
tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.
For example, an advocate who appears before a court with a single ...
with no jurisdiction per se, but which could report to judges on its findings.
The new court, which was founded under the leadership of
Mr Justice Dyson (later the
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 Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales a ...
), aimed to rid the perception this created that the court was not equal to others in the King's Bench Division. When opening the new court, Dyson said the new changes were "of real significance", and included technological advancements to aid the court's running, such as a centralised listing system.
With the introduction of the new
Civil Procedure Rules
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil ...
on 26 April 1999 following
Lord Woolf's report, the TCC's caseload dropped slightly as a result of the new Rules' focus on
alternative dispute resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for ...
. This meant fewer claims were issued: previously, claims had been issued as a matter of course as part of the negotiation process.
The proliferation of
adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the p ...
following its introduction in the
Construction Act 1996 also led to fewer disputes going before the court, but did give the court a new role in enforcing adjudication decisions. The Construction Act gives parties to a "construction contract" a right to refer matters to adjudicators, with the aim of aiding cash flow in the construction sector by allowing disputes to be settled without the need for lengthy and costly court proceedings. Changes to the Construction Act 1996 brought in by the
are likely to see even more disputes referred to adjudication before reaching the TCC.
The
Arbitration Act 1996
The Arbitration Act 1996c 23 is an Act of Parliament which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland.
The 1996 Act only applies to parts of the United Kingdom. In Scotland, the Arbitrat ...
had a similar effect as adjudication. Such was the effect on the number of cases being brought before the TCC, extra capacity meant that TCC judges could act as judge-arbitrators, utilising their experience and knowledge while contributing to the CPR's goals in reducing litigation costs.
Jurisdiction
The TCC deals primarily with litigation of disputes arising in the field of technology and construction. It includes building, engineering and technology disputes,
professional negligence claims and IT disputes as well as enforcement of adjudication decisions and challenges to arbitrators’ decisions. The TCC also regularly deals with allegations of lawyers’ negligence arising in connection with planning, property, construction and other technical disputes.
The work of the TCC often involves both complex legal argument and heavyweight technical issues, and as a result TCC judges try some of the most arduous and complex disputes that come before the civil courts. The sums at issue can be large, often involving millions of pounds, although there is in theory at least no minimum sum to be claimed (as, under the CPR, the court has wide powers to assert jurisdiction over claims it feels are appropriate). Cases can last several days and involve mountains of paperwork and expert evidence.
Court locations
TCC cases are managed and heard by specialist judges in London and at centres throughout
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 ...
. The cases are allocated either to High Court judges, senior circuit judges,
circuit judges or recorders both in London and at regional centres outside London. Since its inception, the court has been led by several judges-in-charge, a role filled by a number of pre-eminent judges in the field of construction law:
Lord Dyson
John Anthony Dyson, Lord Dyson, (born 31 July 1943) is a former British judge and barrister. He was Master of the Rolls and Head of Civil Justice, the second most senior judge in England and Wales, from 2012 to 2016, and a Justice of the Supr ...
, Sir
John Thayne Forbes,
Sir Rupert Jackson
Sir Rupert Matthew Jackson, Privy Council of the United Kingdom, PC (born 7 March 1948) is a retired justice of the Court of Appeal of England and Wales. Currently he serves as a Justice of the Astana International Financial Centre Court.
Car ...
, Sir
Vivian Ramsey
Sir Vivian Arthur Ramsey FREng (born 24 May 1950), is a former High Court judge (England and Wales), judge of the High Court of England and Wales and former civil engineer.
Education and early career
He was educated at Abingdon School.
Legal c ...
,
Mr Justice Akenhead (2010 to 2013), Sir
Antony Edwards-Stuart
Sir Antony James Cobham Edwards-Stuart (born 2 November 1946) is a retired judge of the High Court of England and Wales.
Education
He was educated at Sherborne School, the Royal Military Academy Sandhurst and St Catharine's College, Cambridge ...
(2013 to 2016), Sir
Peter Coulson
Sir Peter David William Coulson (born 31 March 1958), styled The Rt. Hon. Lord Justice Coulson, is an Appeal Court judge.
He was educated at Lord Wandsworth College and the University of Keele.
He was called to the bar at Gray's Inn in 1982. ...
(2016 to 2018), and
Sir Peter Fraser (2018 to present). As at 2019, the court has seven full-time High Court judges.
In April 2011, the court moved its central location from its aged building in
Fetter Lane
Fetter Lane is a street in the ward of Farringdon Without in the City of London. It forms part of the A4 road and runs between Fleet Street at its southern end and Holborn.
History
The street was originally called Faytor or Faiter Lane, then Fe ...
(now replaced by a block of plush apartments) to a purpose-built block less than 100 yards away on
Fetter Lane
Fetter Lane is a street in the ward of Farringdon Without in the City of London. It forms part of the A4 road and runs between Fleet Street at its southern end and Holborn.
History
The street was originally called Faytor or Faiter Lane, then Fe ...
, 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 ...
, not far from the
Royal Court of Justice
The Bhutanese Royal Court of Justice ( Dzongkha: དཔལ་ལྡན་འབྲུག་པའི་དྲང་ཁྲིམས་ལྷན་སྡེ་; Wylie ''Dpal-ldan 'Brug-pai Drang-khrims Lhan-sde''; Palden Drukpa Drangkhrim Lhende) ...
in
London
London is the capital and 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 down to the North Sea, and has been a majo ...
. The court shares the building with other divisional courts of the
Queen's Bench and Chancery Divisions. As well as its London location, where most cases (including those with an international element) are heard after being started or transferred there, claims can be issued and heard at any of the following regional court centres:
* Birmingham (full-time TCC judge available)
* Bristol
* Cardiff
* Chester
* Exeter
* Leeds
* Liverpool (full-time TCC judge available)
* Manchester (full-time TCC judge available)
* Newcastle
* Nottingham
TCC authorised judges are also available at Leicester, Sheffield and Southampton, although claims cannot be issued there.
Admiralty Court
England's admiralty courts date to at least the 1360s, during the reign of
Edward III
Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring r ...
. At that time there were three such courts, appointed by admirals responsible for waters to the north, south and west of England. In 1483 these local courts were amalgamated into a single High Court of Admiralty, administered by the
Lord High Admiral of England. The Lord High Admiral directly appointed judges to the court, and could remove them at will. This was amended from 1673, with appointments falling within the purview of the Crown,
[Sainty 1975, p95] and from 1689 judges also received an annual stipend and a degree of tenure, holding their positions subject to effective delivery of their duties rather than at the Lord High Admiral's pleasure.
From its inception in 1483 until 1657 the court sat in a disused church in
Southwark
Southwark ( ) is a district of Central London situated on the south bank of the River Thames, forming the north-western part of the wider modern London Borough of Southwark. The district, which is the oldest part of South London, developed ...
, and from then until 1665 in Montjoy House, private premises leased from the Dean of
St Paul's Cathedral
St Paul's Cathedral is an Anglican cathedral in London and is the seat of the Bishop of London. The cathedral serves as the mother church of the Diocese of London. It is on Ludgate Hill at the highest point of the City of London and is a Grad ...
. In order to escape the
Great Plague of London
The Great Plague of London, lasting from 1665 to 1666, was the last major epidemic of the bubonic plague to occur in England. It happened within the centuries-long Second Pandemic, a period of intermittent bubonic plague epidemics that origi ...
in 1665, the court was briefly relocated to
Winchester
Winchester is a City status in the United Kingdom, cathedral city in Hampshire, England. The city lies at the heart of the wider City of Winchester, a local government Districts of England, district, at the western end of the South Downs Nation ...
and then to
Jesus College at
Oxford University
Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
. The plague threat having subsided by 1666, the court returned to London and until 1671 was located at
Exeter House
Exeter House was an early 17th-century brick-built mansion, which stood in Full Street, Derby until demolished in 1854. Named for the Earls of Exeter, whose family owned the property until 1757, the house was notable for the stay of Charles ...
on
The Strand before returning to Montjoy House near St Paul's.
During the period after the
French and Indian War
The French and Indian War (1754–1763) was a theater of the Seven Years' War, which pitted the North American colonies of the British Empire against those of the French, each side being supported by various Native American tribes. At the ...
, admiralty courts became an issue that was a part of the rising tension between the
British Parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...
and their
American Colonies. Starting with the
Proclamation of 1763
The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Proclam ...
, these courts were given jurisdiction over a number of laws affecting the colonies. The jurisdiction was expanded in later acts of the Parliament, such as the
Stamp Act of 1765.
The colonists' objections were based on several factors. The courts could try a case anywhere in the British Empire. Cases involving New York or Boston merchants were frequently heard in Nova Scotia and sometimes even in England. The fact that judges were paid based in part on the fines that they levied and naval officers were paid for bringing "successful" cases led to abuses. There was no trial by jury, and evidence standards were lower than in criminal courts, the latter requiring proof "beyond reasonable doubt". The government's objective was to improve the effectiveness of revenue and excise tax laws. In many past instances, smugglers would avoid taxes. Even when they were caught and brought to trial, local judges frequently acquitted the popular local merchants whom they perceived as being unfairly accused by an unpopular tax collector.
In 1875, the High Court of Admiralty governing England and Wales was absorbed into the new
Probate, Divorce and Admiralty (or PDA) Division of the High Court. When the PDA Division was in turn abolished and replaced by the Family Division, the "probate" and "admiralty" jurisdictions were transferred to, respectively, 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 to the new "Admiralty Court" (a subset of the King's Bench Division of the High Court). Strictly speaking, there was no longer an "Admiralty Court" as such, but the admiralty jurisdiction allocated by the
Senior Courts Act 1981
The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom.
The Act prescribes the structure and jurisdictions of the Senior Courts of England and Wales (previously known as ...
was (and is) exercised by the Admiralty Judge and other Commercial Court judges authorized to sit in admiralty cases. When these judges sat, it became convenient to call the sitting the "Admiralty Court".
In
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 ...
today, admiralty jurisdiction is exercised by the High Court of Justice in England (EWHC).
Admiralty law
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between priva ...
applied in this court is based upon the
civil law-based
Law of the Sea, with
statutory law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legi ...
and
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
additions. The Admiralty Court is no longer in 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 ...
in 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 ...
, having moved to 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 ...
.
Leadership
President
Until 2005, the head of the Division was the
Lord Chief Justice
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
. The post of president of the King's Bench Division was created by the
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lo ...
, leaving the Lord Chief Justice as president of the
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 ...
, head of the Judiciary of England and Wales and head of
Criminal Justice
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the Rehabilitation (penology), rehabilitation of o ...
.
Sir
Igor Judge
Igor Judge, Baron Judge, (born 19 May 1941) is an English former judge who served as the Lord Chief Justice of England and Wales, the head of the judiciary, from 2008 to 2013. He was previously President of the Queen's Bench Division, at the ...
was the first person to hold this office, appointed in October 2005.
List of presidents
* 3 October 2005: Sir
Igor Judge
Igor Judge, Baron Judge, (born 19 May 1941) is an English former judge who served as the Lord Chief Justice of England and Wales, the head of the judiciary, from 2008 to 2013. He was previously President of the Queen's Bench Division, at the ...
* 1 October 2008: Sir
Anthony May
* 3 October 2011: Sir
John Thomas
* 1 October 2013: Sir
Brian Leveson
Sir Brian Henry Leveson (; born 22 June 1949) is a retired English judge who served as the President of the Queen's Bench Division and Head of Criminal Justice.
Leveson chaired the public inquiry into the culture, practices and ethics of the ...
* 23 June 2019: Dame
Victoria Sharp
Dame Victoria Madeleine Sharp, , PC (born 8 February 1956) is the President of the King's Bench Division of the High Court of Justice in England and Wales.
Early life
She is the daughter of Lord Sharp of Grimsdyke. Her twin brother is Rich ...
Vice-President
The office of Vice-President of the King's Bench Division predates the separation of the division's presidency from the office of Lord Chief Justice. In 1988, the Lord Chief Justice,
Lord Lane
Geoffrey Dawson Lane, Baron Lane, (17 July 1918 – 22 August 2005) was a British Judge who served as Lord Chief Justice of England from 1980 to 1992. The later part of his term was marred by a succession of disputed convictions. Lane's criti ...
, made arrangements for Sir
Tasker Watkins
Sir Tasker Watkins (18 November 1918 – 9 September 2007) was a Welsh Lord Justice of Appeal and deputy Lord Chief Justice. He was President of the Welsh Rugby Union from 1993 to 2004. During the Second World War, he served in the British Ar ...
, a
Lord Justice of Appeal
A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justice ...
, to be Deputy Chief Justice, deputising across the range of Lane's responsibilities. The arrangement continued under Lane's successor, but when Watkins retired in 1993,
Lord Taylor of Gosford appointed Sir
Paul Kennedy
Paul Michael Kennedy (born 17 June 1945) is a British historian specialising in the history of international relations, economic power and grand strategy. He has published prominent books on the history of British foreign policy and great pow ...
of the
Court of Appeal to oversee the Queen's Bench Division.
Lord Bingham of Cornhill
Sir Thomas Henry Bingham, Baron Bingham of Cornhill, (13 October 193311 September 2010), was an eminent British judge who was successively Master of the Rolls, Lord Chief Justice and Senior Law Lord. He was described as the greatest lawyer of ...
, who took over as Lord Chief Justice in 1996, made arrangements with
Lord Mackay of Clashfern
James Peter Hymers Mackay, Baron Mackay of Clashfern, (born 2 July 1927) is a British advocate. He served as Dean of the Faculty of Advocates, Lord Advocate, and Lord Chancellor (1987–1997). He is a former active member of the House of Lo ...
(
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 ...
under
John Major
Sir John Major (born 29 March 1943) is a British former politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party (UK), Leader of the Conservative Party from 1990 to 1997, and as Member of Parliament ...
) whereby Lord Justice Kennedy would become Vice-President of the Queen's Bench Division with the understanding that it would be made a statutory office at an early date. Lord Bingham made the appointment in 1997, and Lord Mackay's Labour successor,
Lord Irvine of Lairg
Alexander Andrew Mackay Irvine, Baron Irvine of Lairg, (born 23 June 1940), known as Derry Irvine, is a Scottish lawyer, judge and political figure who served as Lord Chancellor under his former pupil barrister, Tony Blair.
Education
Irvine wa ...
, honoured the commitment in the Access to Justice Act 1999.
List of vice-presidents
* 1997: Sir
Paul Kennedy
Paul Michael Kennedy (born 17 June 1945) is a British historian specialising in the history of international relations, economic power and grand strategy. He has published prominent books on the history of British foreign policy and great pow ...
* February 2002: Sir
Anthony May
* October 2008: Sir
John Thomas
* 3 October 2011: Dame
Heather Hallett
* 4 March 2014: Sir
Nigel Davis
* 1 January 2016 Dame
Victoria Sharp
Dame Victoria Madeleine Sharp, , PC (born 8 February 1956) is the President of the King's Bench Division of the High Court of Justice in England and Wales.
Early life
She is the daughter of Lord Sharp of Grimsdyke. Her twin brother is Rich ...
* 5 February 2020 Sir
James DingemansVice-President of the Queen’s Bench Division
/ref>
See also
* Lord Chief Justice
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
* 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 Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales a ...
* President of the Family Division
The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales and Head of Family Justice. The Family Division was created in 1971 when Admiralty and contentious probate cases were remove ...
* 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 when ...
References
Notes
{{notelist
High Court of Justice
Administrative courts
English civil law
United Kingdom administrative law
Judiciary of England and Wales
Economy of England
Economy of Wales