45-748: The Patents Court is a specialist court within the Chancery Division of the High Court of Justice of England and Wales. It deals with disputes relating to intellectual property , including patents and registered designs. It also hears appeals against decisions of the Comptroller General of Patents. If a case is deemed suitable to be heard at county court level, it can be heard in the Central London County Court . This article related to English law
90-412: A pseudolegal conspiracy argument used notably by sovereign citizens is that an American court displaying an American flag with a gold fringe is in fact an "admiralty court" and thus has no jurisdiction . Courts have repeatedly dismissed this as frivolous. In United States v. Greenstreet , the court summarized their finding to this argument with, "Unfortunately for Defendant Greenstreet, decor
135-502: A percentage of the confiscated goods if the defendants were found guilty; therefore, defendants were more than likely to be found guilty. 1890 saw the enactment of the Colonial Courts of Admiralty Act 1890 ( 53 & 54 Vict. c. 27 (UK)). That act provided for the abolition of the imperial courts of admiralty and replace them with local courts to be called colonial courts of admiralty. It was widely considered unsatisfactory that
180-552: A regular event by at least 1556. Judges were styled "Judge Admiral" and received appointment at the hands of the Scottish High Admiral to hear matters affecting the Royal Scots Navy as well as mercantile, privateering and prize money disputes. From 1702 the judge of the court was also authorised to appoint deputies to hear lesser matters or to deputise during his absence. The Scottish court's workload
225-500: A single judge, but certain kinds of proceedings, especially in the King's Bench Division, are assigned to 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,
270-651: A supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division , the 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
315-806: Is a stub . You can help Misplaced Pages by expanding it . 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 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
360-631: 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
405-680: Is the Court of Admiralty for the Cinque Ports , which is presided over by the early-merged role of Judge Official and Commissary . This office is normally held by a High Court Judge who holds the appointment of Admiralty Judge. The jurisdiction of the Court of Admiralty of the Cinque Ports extends in an area with boundaries running from the Naze Tower , Essex along the shore to Brightlingsea , then to Shoe Beacon (or Shore Beacon), (to
450-621: 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
495-513: The Court of Chancery , the Court of King's Bench , the Court of Common Pleas , 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
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#1732765656987540-912: The Supreme Court of Ceylon as the Ceylon Independence Act 1947 (UK) made provisions of the Admiralty Act inapplicable. In Sri Lanka today, admiralty jurisdiction is exercised by the High Court of Colombo , having had the jurisdiction transferred to it from the Supreme Court under the provisions of the Judicature Act No.2 of 1978 . In the United States , the federal district courts have jurisdiction over all admiralty and maritime actions; see 28 U.S.C. § 1333 . In recent years,
585-1077: 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
630-538: The Admiralty Court presented a replica silver oar mace to the Corporation of Trinity House on the occasion of its 500th anniversary, acknowledging the work of its brethren in advising the court over much of its history. In addition to representing the court in session, from the nineteenth century the silver oar has been the insignia of the Admiralty Marshal - an official responsible for serving writs of
675-470: 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
720-529: 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
765-459: The High Court is bound by its own previous decisions, but there are conflicting authorities as to what extent this is so. Appeal from the High Court in civil matters normally lies to the Court of Appeal, and thence in cases of importance to the Supreme Court (the House of Lords before 2009); in some cases a "leapfrog" appeal may be made directly to the Supreme Court. In criminal matters, appeals from
810-494: 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
855-482: 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
900-613: The High Court, which exercised original jurisdiction . Originally, the High Court consisted of five divisions, the King's Bench, Common Pleas, Exchequer, Chancery, and Probate, Divorce and Admiralty divisions. In 1880, the Common Pleas and Exchequer divisions were abolished, leaving three divisions. The Probate, Divorce and Admiralty Division was renamed to the Family Division by the Administration of Justice Act 1970 , and its jurisdiction reorganised accordingly. The High Court
945-461: 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
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#1732765656987990-474: 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
1035-632: 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 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 –
1080-505: 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
1125-509: 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
1170-567: The costs claimed are large (greater than £75,000) or in which the potential paying party does not respond to the notice of assessment. High Court of Admiralty Admiralty courts , also known as maritime courts , are courts exercising jurisdiction over all maritime contracts , torts , injuries, and offenses. The Scottish court's earliest records, held in West Register House in Edinburgh, indicate that sittings were
1215-534: 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,
1260-517: The court, and carrying out the sale of any vessels seized and disposed of by court decision. To expedite the administration of maritime law, British colonies were routinely granted subsidiary jurisdiction through independent vice-admiralty courts. These were civil courts with the power to interpret colonial legislation, provided these did not conflict with Admiralty Court decisions or British maritime law. The first vice-admiralty court in Australia
1305-715: The earlier pattern). Local courts and vice-admiralty courts had their own silver oars; early examples survive from colonial courts in Bermuda (1701), Boston (1725), New York City (c. 1725), Colombo (1801), Cape of Good Hope (1806) and Calcutta . The Admiralty Court of the Cinque Ports had a silver oar of early date, but it was stolen in the 1960s and replaced with a replica. Some local authorities possess examples relating to their former local admiralty jurisdiction. In recent times, new silver oars have been made for admiralty courts in Canada, Australia and New Zealand; in 2014
1350-566: The east of Shoeburyness , Essex ), across the mouth of the Thames Estuary to Shellness , Kent, and around the coast to Redcliffe, near Seaford , Sussex . It covers all the sea from Seaford to a point five miles off Cape Grisnez on the coast of France , and the Galloper Sands off the coast of Essex. The last full sitting was in 1914. According to general civilian practice, the registrar can (and here does) act as deputy to
1395-574: 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
Patents Court - Misplaced Pages Continue
1440-637: 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
1485-617: The imperial court should exist separately to the colonial courts, yet use the same facilities and personnel of the colonial courts. A colonial court of admiralty was established in the British Ceylon in 1891 under the Ceylon Courts of Admiralty Ordinance under the provisions of the Colonial Courts of Admiralty Act 1890 (UK) to deal jurisdiction over all admiralty and maritime actions. With Ceylon gaining self rule in 1948, jurisdiction over admiralty matters were transferred to
1530-560: The judge. Unless the judge finds a conflict of interest in the registrar's work their main task is to co-invest each successive Lord Warden of the Cinque Ports . Appeal from the court's decisions lies to the Judicial Committee of the Privy Council . Since Elizabethan times , the symbol of authority for a British admiralty court has been a silver oar, placed before the judge when the court is in session. In this respect
1575-574: 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
1620-444: 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
1665-509: 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
1710-423: The separate courts which were merged into the single High Court by the 19th-century Judicature Acts , but are mainly driven by the usual nature of their work, for example, conflicting evidence of fact is quite commonly given in person in the 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
1755-612: The silver oar is the equivalent of a ceremonial mace , representing the authority of the Crown and the Lord High Admiral of the United Kingdom . An antique silver oar is still placed before the bench when the High Court sits in London on matters relating to its admiralty court functions; in past times it was borne by the marshal in procession, not only in court but on occasions of arrest of persons or vessels, and also on
1800-436: 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
1845-947: 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
Patents Court - Misplaced Pages Continue
1890-416: The transshipment of sugar and tobacco and the export of dried fish, coal and grains. A smaller number of cases related to smuggling, principally brandy, and to salvage rights for ships wrecked on Scottish shores. The court ceased operation in 1832 and its functions were subsumed into the Court of Session , Scotland's supreme court for civil disputes. The sole survivor of the independent courts of admiralty
1935-417: The way to Execution Dock for the last journey of those convicted of piracy . The date of the London oar is uncertain: it is depicted on the tomb of David Lewis, Judge of the High Court of Admiralty from 1559 until 1584, there is some evidence that it may date from the beginnings of the court in the fourteenth century, though one of several assay marks suggests that it was remade three centuries later (based on
1980-641: Was established in the colony of New South Wales in 1788. The first Vice-Admiral was Arthur Phillip and the first judge was Robert Ross . The court was abolished in 1911 when the Supreme Court of New South Wales was granted the admiralty jurisdiction of the court. A vice-admiralty court was also formed in Nova Scotia to try smugglers and to enforce the Sugar Act of 1764 throughout British North America . From 1763 to 1765, when American smugglers were caught, they were tried by corrupt judges who received
2025-501: Was small until the mid-eighteenth century, with judges hearing no more than four matters in each sitting. After the 1750s the volume of cases rose until by 1790 it was necessary to maintain a daily log of decisions. The growth in caseload was related to increasing disputes regarding breaches of charter, including ship's masters seeking compensation for unpaid freight and merchants suing for damage to goods or unexpected port fees. Cases reflected Scotland's principal marine industries including
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