Admiralty Jurisdiction

History

In England and Wales, a special Admiralty Court handles all admiralty cases. Despite early reliance upon civil law concepts derived from the Corpus Juris Civilis of Justinian, the English Admiralty Court is a common law court, albeit sui generis, that was initially somewhat distinct from other English courts. After around 1750, as the Industrial Revolution took hold and English maritime commerce burgeoned, the Admiralty Court became a fertile source of legal innovation to meet the new situations of the modern economy. The Judicature Acts of 1873–1875 abolished the Admiralty Court as such, and it became conflated in the new Probate, Divorce and Admiralty division of the High Court. However, when the PDA was abolished and replaced by a new Family Division, admiralty jurisdiction passed to a so-called Admiralty Court which was effectively the King's Bench sitting to hear nautical cases. The Senior Courts Act 1981 then clarified the admiralty jurisdiction of the Queen's Bench, so England and Wales once again has a distinct Admiralty Court (albeit no longer based in the Royal Courts of Justice, but in the Rolls Building).