54-563: British High Court may refer to: High Court of Justice (England and Wales) High Court of Justiciary (Scotland) High Court of Justice in Northern Ireland High Court of Justice for the trial of Charles I High Court of Justice in Ireland Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with
108-517: A divisional 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
162-700: A panel of five justices. More than five justices may sit on a panel where the case is of "high constitutional importance" or "great public importance"; if the case raises "an important point in relation to the European Convention on Human Rights"; if the case involves a conflict of decisions among the House of Lords, Judicial Committee of the Privy Council , or Supreme Court; or if the Court "is being asked to depart, or may decide to depart from" its (or
216-549: A referendum without the permission of Westminster, as questions around independence qualify as "reserved matters" (reserved to the central government) under the Scotland Act 1998 . Nicola Sturgeon , the then-leader of the pro-independence Scottish National Party , regarded the decision as "a hard pill for any supporter of independence... to swallow" but reiterated the party's commitment to "find another democratic, lawful means for Scottish people to express their will". From
270-474: A select committee of the House of Lords scrutinised the arguments for and against setting up a new court. The Government estimated the set-up cost of the Supreme Court at £56.9 million. The first case heard by the Supreme Court was HM Treasury v Ahmed , which concerned "the separation of powers", according to Phillips, its inaugural President. At issue was the extent to which Parliament has, by
324-682: A separate administration from the other courts of the United Kingdom, under a Chief Executive who is appointed by the Court's president. King Charles III [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee In Scotland,
378-623: 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. The King's Bench Division (KBD) – or Queen's Bench Division when the monarch is female – hears a wide range of common law cases and also has special responsibility as a supervisory court. It includes subdivisions such as
432-601: 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 before 2009); in some cases a "leapfrog" appeal may be made directly to the Supreme Court. In criminal matters, appeals from the King's Bench Divisional Court are made directly to the Supreme Court. The High Court is based at the Royal Courts of Justice on
486-621: The Companies Court ) which deal with patents and registered designs and company law matters respectively. All tax appeals are assigned to the Chancery Division. Until 2005, the Lord Chancellor was the de jure head of the Chancery Division, but appointed a Vice-Chancellor who nominally acted as his deputy. The Constitutional Reform Act 2005 renamed the Vice-Chancellor to Chancellor of the High Court and made him
540-712: The Court of Appeal and the Crown Court , are the Senior Courts of England and Wales . Its name is abbreviated as EWHC ( England and Wales High Court) for legal citation purposes. The High Court deals at first instance 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:
594-559: The Court of Exchequer , the High Court of Admiralty , the Court of Probate , the Court for Divorce and Matrimonial Causes , and the London Court of Bankruptcy – into a new Supreme Court of Judicature (now known as the Senior Courts of England and Wales ). The new Supreme Court was divided into the Court of Appeal , which exercised appellate jurisdiction , and the High Court, which exercised original jurisdiction . Originally,
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#1732758244107648-554: The Court of Session . The Supreme Court is the highest court of appeal in relation to Scottish civil cases. However, the High Court of Justiciary is the highest court of appeal in relation to Scottish criminal cases. The Supreme Court also determines devolution issues (as defined by the Scotland Act 1998 , the Northern Ireland Act 1998 and the Government of Wales Act 2006 ). These are legal proceedings about
702-657: The House of Lords to carry out its judicial business as the Appellate Committee of the House of Lords . Its jurisdiction over devolution matters had previously been exercised by the Judicial Committee of the Privy Council . The creation of a Supreme Court for the United Kingdom was first proposed in a consultation paper published by the Department of Constitutional Affairs in July 2003. Although
756-626: The King's Bench Division , the Chancery Division and the Family Division . 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 , but are mainly driven by
810-599: The Manchester Civil Justice Centre . The United Kingdom has a doctrine of parliamentary sovereignty and no entrenched codified constitution , so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries such as the United States , Canada and Australia . It cannot overturn any primary legislation made by Parliament . However, as with any law court in
864-519: The Strand in the City of Westminster , London. It has district registries across England and Wales ; almost all High Court proceedings may be issued and heard at a district registry. The High Court of Justice was established in 1875 by the Supreme Court of Judicature Act 1873 . The Act merged eight existing English courts – the Court of Chancery , the Court of King's Bench , the Court of Common Pleas ,
918-696: The United Nations Act 1946 , delegated to the executive the power to legislate. Resolution of this issue depended upon the approach properly to be adopted by the court in interpreting legislation which may affect fundamental rights at common law or under the European Convention on Human Rights. One of the most important cases presented to the Supreme Court was the joint cases of R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland , known as Miller/Cherry , on Boris Johnson's unlawful prorogation (suspension) of Parliament, to suppress debate in anticipation of Britain's withdrawal from
972-1077: The Administrative Court, the Commercial Court, the Technology and Construction Court, and the Admiralty Court. Until 2005, the Lord Chief Justice of England and Wales was the head of the Division. The Constitutional Reform Act 2005 created a President of the Queen's Bench Division . The Chancery Division (housed in the Rolls Building ) deals with business law , trusts law, probate law, insolvency, and land law in relation to issues of equity . It has specialist courts (the Patents Court and
1026-607: The Constitutional Reform Act limits the number of judges on the Court to 12, though it also allows for this rule to be amended, to further increase the number of judges, if a resolution is passed in both Houses of Parliament. It assumed the judicial functions of the House of Lords , which had been exercised by the Lords of Appeal in Ordinary (commonly called " Law Lords "), the 12 judges appointed as members of
1080-548: The Devolution Acts and the Human Rights Act 1998. On rare occasions the court may have original jurisdiction, normally in cases relating to contempt of the Supreme Court, such as Proceedings for Contempt: Mr Tim Crosland and its appeal case HM Attorney General v Crosland . The twelve justices do not all hear every case. Unless there are circumstances requiring a larger panel, a case is usually heard by
1134-514: The European Union (argued in 2016 and decided in 2017) and the cases of R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland (argued and decided in 2019). The justices have never worn court dress during sittings. In November 2011, The Lord Phillips of Worth Matravers allowed counsel to jointly agree to "dispense with any or all of the traditional elements of court dress" at sittings. The Supreme Court has
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#17327582441071188-462: The European Union, "frustrating or preventing the constitutional role of Parliament in holding the Government to account". It is one of only two cases that involved the presence of 11 judges (the highest number of judges currently allowed to rule on a case). The case carried a large amount of political tension in the context of the process of the United Kingdom leaving the European Union; for some,
1242-470: 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 first combined the Court of Probate , the Court for Divorce and Matrimonial Causes and the High Court of Admiralty into the then Probate, Divorce and Admiralty Division of
1296-542: 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 , and its jurisdiction reorganised accordingly. The High Court
1350-529: The High Court has used seven circuits, listed below, which are identical to the Crown Court regions. 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. Exceptions from provisional assessment are detailed assessment proceedings in which
1404-494: 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
1458-482: 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 their former partners; a procedure already banned in criminal procedure. Peter Kyle , MP for Hove , claimed this amounted to "abuse and brutalisation", and called for
1512-497: The House of Lords') previous precedent. The composition of panels is ultimately determined by the President. To avoid a tie, all cases are heard by a panel containing an odd number of justices. Thus, the largest possible panel for a case is 11 justices. To date, there have been only two cases (both involving matters of major constitutional importance) heard by 11 justices: the case of R (Miller) v Secretary of State for Exiting
1566-493: The Human Rights Act to amend the legislation by statutory instrument to remove the incompatibility or ask Parliament to amend the legislation. As authorised by the Constitutional Reform Act 2005 , Part 3, Section 23(1), the Supreme Court of the United Kingdom was formally established on 1 October 2009 and is a non-ministerial government department of the Government of the United Kingdom . Section 23 of
1620-461: 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 law, competition, finance, 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
1674-529: The King'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. 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
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1728-534: The Supreme Court – The Supreme Court is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. It hears cases of the greatest public or constitutional importance affecting the whole population. The Supreme Court hears appeals (i) in England and Wales, from the Court of Appeal (Civil Division), the Court of Appeal (Criminal Division) and (ii) in Scotland from
1782-405: The UK, it can overturn secondary legislation if, for an example, that legislation is found to be ultra vires to the powers in primary legislation allowing it to be made. Further, under section 4 of the Human Rights Act 1998 , the Supreme Court, like some other courts in the United Kingdom, may make a declaration of incompatibility , indicating that it believes that the legislation subject to
1836-780: The United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster , though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers , the Royal Courts of Justice in Belfast, the Tŷ Hywel Building in Cardiff and
1890-505: 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
1944-509: 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
1998-613: The costs claimed are large (greater than £75,000) or in which the potential paying party does not respond to the notice of assessment. Supreme Court of the United Kingdom The Supreme Court of the United Kingdom ( initialism : UKSC ) is the final court of appeal in the United Kingdom for all civil cases and for criminal cases originating in England , Wales and Northern Ireland . As
2052-534: 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,
2106-473: The declaration is incompatible with one of the rights in the European Convention on Human Rights . Such a declaration can apply to primary or secondary legislation. The legislation is not overturned by the declaration, and neither Parliament nor the government is required to agree with any such declaration. However, if they do accept a declaration, ministers can exercise powers under section 10 of
2160-523: The financial markets. The procedure was introduced to enable fast, efficient and high quality dispute resolution of claims related to the financial markets. The formation within the High Court of the Business and Property Courts of England and 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
2214-637: The head of the Division. 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
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2268-535: The independence and impartiality of the courts at risk. Consequently, it was hypothesised closely connected decisions of the Law Lords to debates had by friends or on which the Lord Chancellor had expressed a view might be challenged on human-rights grounds on the basis that they had not constituted a fair trial. The Lord Neuberger of Abbotsbury , later President of the Supreme Court, expressed fear that
2322-574: 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 , from qualified lawyers. The Lord Chancellor, and all government ministers, are statutorily required to "uphold
2376-444: 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 (see Royal justice ) . The tradition continues of judges travelling around
2430-520: The new court could make itself more powerful than the House of Lords committee it succeeded, saying that there is a real risk of "judges arrogating to themselves greater power than they have at the moment". The Lord Phillips of Worth Matravers said such an outcome was "a possibility", but was "unlikely". The reforms were controversial and were brought forward with little consultation but were subsequently extensively debated in Parliament. During 2004,
2484-401: The paper noted that there had been no criticism of the then-current Law Lords or any indication of an actual bias, it argued that the separation of the judicial functions of the Appellate Committee of the House of Lords from the legislative functions of the House of Lords should be made explicit. The paper noted the following concerns: The main argument against a new Supreme Court was that
2538-509: The parents' consent. In 2002 it made a landmark judgement in the case of Ms B v An NHS Hospital Trust 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 . High Court Judges of
2592-769: The powers of the three devolved administrations—the Northern Ireland Executive and Northern Ireland Assembly , the Scottish Government and the Scottish Parliament , the Welsh Government and Senedd . Devolution issues were previously heard by the Judicial Committee of the Privy Council and most are about compliance with rights under the European Convention on Human Rights, brought into national law by
2646-537: The previous system had worked well and kept costs down. Reformers expressed concern that this second main example of a mixture of the legislative, judicial and executive might conflict with professed values under the Universal Declaration of Human Rights . Officials who make or execute laws have an interest in court cases that put those laws to the test. When the state invests judicial authority in those officials or even their day-to-day colleagues, it puts
2700-463: The ruling "delighted 'Remainers' but appalled 'Leavers ' ", although some Conservative MPs who sought to withdraw from the EU with an agreement had opposed the prorogation. In 2022, the Supreme Court ruled on whether the Scottish Parliament had the power to legislate for a second independence referendum . In the case, the five-judge panel unanimously found that Scotland did not have the right to organise
2754-436: The specialist courts, while continuing existing practices for cases that proceed in them. 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 without
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#17327582441072808-947: The system to be changed. Liz Truss , when she was Lord Chancellor , announced plans to end this practice, and proposals were contained in Clause 47 of the Prisons and Courts Bill before Parliament was prorogued for the 2017 general election . The High Court only operates within four traditional periods in the year, known as sittings : 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
2862-651: The title British High Court . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=British_High_Court&oldid=724513524 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages 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
2916-401: The usual nature of their work, for example, conflicting evidence of fact is quite commonly given in person in the King'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 King's Bench Division, are assigned to
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