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The King's Bench Division (or Queen's Bench Division when the
monarch A monarch () is a head of stateWebster's II New College Dictionary. "Monarch". 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 ...
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 (England and Wales), Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cour ...
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 and from the
Crown Court The Crown Court is the criminal trial court, court of first instance in England and Wales responsible for hearing all indictable offences, some Hybrid offence, either way offences and appeals of the decisions of magistrates' courts. It is ...
. These are known as appeals by way of case stated, 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 An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
(Civil Division); in criminal matters appeal from the Divisional Court is made only to the
Supreme Court of the United Kingdom The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases ...
.


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 Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, 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. 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 Henry II may refer to: Kings * Saint Henry II, Holy Roman Emperor (972–1024), crowned King of Germany in 1002, of Italy in 1004 and Emperor in 1014 *Henry II of England (1133–89), reigned from 1154 *Henry II of Jerusalem and Cyprus (1271–1 ...
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 the main settlement of the City of Westminster in Central London, Central London, England. It extends from the River Thames to Oxford Street and has many famous landmarks, including the Palace of Westminster, Buckingham Palace, ...
, 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,
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, 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 Archbishop of Canterbury, Cardin ...
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 af ...
(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 ''wikt:praecipio, praecipio'' ("I order"), thus meaning "order
his His or HIS may refer to: Computing * Hightech Information System, a Hong Kong graphics card company * Honeywell Information Systems * Hybrid intelligent system * Microsoft Host Integration Server Education * Hangzhou International School, ...
) are a widespread feature of the common law tradition, generally involving the instigation of some form of swift and peremptory action. ...
'' actions for the recovery of property or debt. Actions of
trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery ...
and
replevin Replevin () or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevin ...
were shared between the two benches. In practice pleas of the Crown were heard only in the King's Bench. The King's Bench was 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 The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales. Until 2005 the lord chief justice was the second-most senior judge of the English a ...
of the King's Bench was styled the Lord Chief Justice of England, being the highest permanent judge of
the Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
. The King's Bench became a fixed court sitting in
Westminster Hall Westminster Hall is a medieval great hall which is part of the Palace of Westminster in London, England. It was erected in 1097 for William II (William Rufus), at which point it was the largest hall in Europe. The building has had various functio ...
. 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 ''Nisi prius'' () (Latin: "unless before") is a historical term in English law. In the 19th century, it came to be used to denote generally all legal actions tried before judges of the King's Bench Division and in the early twentieth century for a ...
'') the justice came to the county, which was where the trial actually took place. During the
Commonwealth of England The Commonwealth of England was the political structure during the period from 1649 to 1660 when Kingdom of England, England and Wales, later along with Kingdom of Ireland, Ireland and Kingdom of Scotland, Scotland, were governed as a republi ...
, 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 ( 36 & 37 Vict. c. 66) (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 an ...
. 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 gave its name to London's
King's Bench Prison The King's Bench Prison was a prison in Southwark, south London, England, from the Middle Ages 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 he ...
, 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 association for barristers and judges. To be called to the Bar and practice as a barrister in England and Wa ...
. File:Illuminated membrane, with portrait of Elizabeth, 1584.jpg, An illuminated initial membrane, with portrait of
Elizabeth I Elizabeth I (7 September 153324 March 1603) was List of English monarchs, Queen of England and List of Irish monarchs, Ireland from 17 November 1558 until her death in 1603. She was the last and longest reigning monarch of the House of Tudo ...
, Court of King's Bench: Coram Rege Roll (Easter Term, 1584)


Subdivisions


Administrative Court

The Administrative Court deals mainly with
administrative law Administrative law is a division of law governing the activities of government agency, executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regul ...
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 ...
, 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 a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
. 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 (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) Just ...
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 Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initi ...
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 (England and Wales), Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cour ...
of the High Court are also assigned to sit.


Commercial Court

The Commercial Court is a major civil court in
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, 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. Th ...
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 significan ...
,
banking A bank is a financial institution that accepts Deposit account, 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 m ...
,
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 protect ...
, and
commodities In economics, a commodity is an economic good, usually a resource, that specifically has full or substantial fungibility: that is, the market treats instances of the good as equivalent or nearly so with no regard to who produced them. Th ...
.


History

The Commercial Court was set up in 1895 following demands from the
City of London The City of London, also known as ''the City'', is a Ceremonial counties of England, ceremonial county and Districts of England, local government district with City status in the United Kingdom, city status in England. It is the Old town, his ...
and the business community for a tribunal or court staffed 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 importer is the receiving country in an export from the sending country. Importation and exportation are the defining financial transactions of international trade. Import is part of the International Trade which involves buying and receivin ...
,
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 a ...
and
transport Transport (in British English) or transportation (in American English) is the intentional Motion, movement of humans, animals, and cargo, goods from one location to another. Mode of transport, Modes of transport include aviation, air, land tr ...
, agency and management agreements,
shipping Freight transport, also referred to as freight forwarding, is the physical process of transporting commodities and merchandise goods and cargo. The term shipping originally referred to transport by sea but in American English, it has been ...
, insurance and reinsurance, and commodities. The court is also the principal supervisory court for
London London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
arbitration Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitrati ...
, 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 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.


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 Court in civi ...
, which regulate
civil procedure Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or ca ...
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 (law), injury to the body, mind, or emotions, as opposed to an injury to property. In common law, common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the ...
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 one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. ...
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, England. It forms part of the A4 road (England), A4 road and runs between Fleet Street at its southern end and Holborn. History The street was originally called F ...
to the newly constructed £200m Rolls Building.


History

The predecessor to the court, the Official Referees' Court, was created by the
Judicature Acts In the history of the courts of England and Wales, the Judicature Acts were a series of acts of the Parliament of the United Kingdom, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The ...
and lasted until 9 October 1998. The old name reflected its 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 singl ...
with no jurisdiction ''per se'', but which could report to judges on its findings. Official Referees became senior circuit judges in 1971. The new Technology and Construction 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 ...
), 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 advances 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 Court in civi ...
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 th ...
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
Local Democracy, Economic Development and Construction Act 2009 The Local Democracy, Economic Development and Construction Act 2009 (c. 20), or LDEDCA,Gatehouse ChambersIt’s LDEDCA, not HGCRA – obviously! published 10 February 2012, accessed 26 November 2023 is an Act of Parliament (UK), act of the Parliam ...
are likely to see even more disputes referred to adjudication before reaching the TCC. The
Arbitration Act 1996 The Arbitration Act 1996 (c. 23) is an act of the Parliament of the United Kingdom which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland. The 1996 act only applies to parts of the United Kin ...
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 Law of the United Kingdom#Legal jurisdictions, 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. Th ...
. 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 Sup ...
, Sir John Thayne Forbes, Sir Rupert Jackson, Sir Vivian Ramsey, Mr Justice Akenhead (2010 to 2013), Sir Antony Edwards-Stuart (2013 to 2016), Sir Peter Coulson (2016 to 2018), Sir Peter Fraser (2018 to 2020) and Dame Finola O'Farrell (2020 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, England. It forms part of the A4 road (England), A4 road and runs between Fleet Street at its southern end and Holborn. History The street was originally called F ...
to a purpose-built building on Fetter Lane, the Rolls Building, not far from 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
London London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
. The court shares the building with other divisional courts of the King'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 from January 1327 until his death in 1377. He is noted for his military success and for restoring royal authority after t ...
. 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, formally the Cathedral Church of St Paul the Apostle, is an Anglican cathedral in London, England, the seat of the Bishop of London. The cathedral serves as the mother church of the Diocese of London in the Church of Engl ...
. In order to escape the
Great Plague of London The Great Plague of London, lasting from 1665 to 1666, was the most recent major epidemic of the bubonic plague to occur in England. It happened within the centuries-long Second plague pandemic, Second Pandemic, a period of intermittent buboni ...
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 N ...
and then to Jesus College at
Oxford University The University of Oxford is a collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the second-oldest continuously operating u ...
. The plague threat having subsided by 1666, the court returned to London and until 1671 was located at Exeter House 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 to 1763, was a colonial conflict in North America between Kingdom of Great Britain, Great Britain and Kingdom of France, France, along with their respective Native Americans in the United States, Native American ...
, admiralty courts became an issue that was a part of the rising tension between the
British Parliament The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of ...
and their American Colonies. Starting with the Proclamation of 1763, 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 know ...
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".
Lord Denning Alfred Thompson Denning, Baron Denning, (23 January 1899 – 5 March 1999), was an English barrister and judge. He was called to the Bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he w ...
was one of the leading justiciars in Admiralty court of the late 20th century. For example, he decided The Hansa Nord case Cehave v Bremer in 1976 and demonstrated the continued pre-eminence of London as the legal centre of the high seas. In
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, 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. Th ...
today, admiralty jurisdiction is exercised by the High Court of Justice in England (EWHC).
Admiralty law Maritime law or admiralty 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 conflict of laws, private international law governing the relations ...
applied in this court is based upon the civil law-based
Law of the Sea Law of the sea (or ocean law) is a body of international law governing the rights and duties of State (polity), states in Ocean, maritime environments. It concerns matters such as navigational rights, sea mineral claims, and coastal waters juris ...
, with
statutory law A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wi ...
and
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
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, having moved to the Rolls Building in 2011.


Leadership


President

Until 2005, the head of the Division was the
Lord Chief Justice The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales. Until 2005 the lord chief justice was the second-most senior judge of the English a ...
. 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 ...
, 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. Except in constitutional matters, ...
, 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 of offenders, preventing other ...
. Sir Igor Judge was the first person to hold the office, appointed in October 2005.


List of presidents

* 3 October 2005: Sir Igor Judge * 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 an English retired senior judge who is the current Investigatory Powers Commissioner, having previously served as the President of the Queen's Bench Division and Head of Criminal Justice. Lev ...
* 23 June 2019: Dame Victoria Sharp


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, made arrangements for Sir Tasker Watkins, 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) Just ...
, to be Deputy Chief Justice, deputising across the range of Lane's responsibilities. The arrangement continued under Lane's successor. When Watkins retired in 1993,
Lord Taylor of Gosforth Peter Murray Taylor, Baron Taylor of Gosforth, (1 May 1930 – 28 April 1997) was the Lord Chief Justice of England and Wales, Lord Chief Justice of England from 1992 until 1996. Family Taylor came from a Yiddish-speaking Jewish parents of ...
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 is on the editorial board of numerous scholarly journals and writes for ''The New Y ...
of the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
to oversee the Queen's Bench Division.House of Lords Debates 28 January 1999 c 1244–45.
/ref>Access to Justice Act 1999
s 69.
/ref>
Lord Bingham of Cornhill Thomas Henry Bingham, Baron Bingham of Cornhill (13 October 193311 September 2010) was a British judge who was successively Master of the Rolls, Lord Chief Justice and Senior Law Lord. On his death in 2010, he was described as the greatest j ...
, 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 lawyer. He served as Dean of the Faculty of Advocates, Lord Advocate, and Lord Chancellor (1987–1997). He was formerly an active member of the House of Lords, ...
(
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
under
John Major Sir John Major (born 29 March 1943) is a British retired 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. Following his defeat to Ton ...
) 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. Lord Mackay's Labour successor, Lord Irvine of Lairg, 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 is on the editorial board of numerous scholarly journals and writes for ''The New Y ...
* 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 * 5 February 2020 Sir James DingemansVice-President of the Queen’s Bench Division
/ref>


See also

*
Lord Chief Justice The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales. Until 2005 the lord chief justice was the second-most senior judge of the English a ...
*
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 ...
*
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 King's Bench) sit by virtue of their offices often, as and wh ...


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