UKConstitutionalLaw Org. Court of Appeal of England and Wales. Her Majesty's Court of Appeal in England,[1] commonly known as the Court of Appeal of England and Wales or, simply, the Court of Appeal, is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it. Established in 1875, the Court and its staff of 38 Lord Justices of Appeal hear both criminal appeals in the Criminal Division and civil appeals in the Civil Division, led by the Lord Chief Justice and Master of the Rolls respectively. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Courts and High Court of Justice. Permission to appeal is required, either from the lower court or the Court of Appeal itself. Decisions may be additionally appealed to the Supreme Court.
History[edit] Formation and early history[edit] The appeal system before 1875 was "chaotic". Changes in appellate jurisdiction and procedure[edit] The Woolf and Bowman reforms[edit] Civil Division[edit] Going to court | High Court. The High Court has three divisions, which hear different types of case: Chancery Queen’s Bench Family All three divisions have an appellate jurisdiction, which means that they hear appeals from other courts, as well as hearing “first instance” cases. Chancery The Chancery Division of the High Court is presided over by The Chancellor of the High Court, with cases heard by 18 High Court judges.
There is some overlap with the Queen's Bench Division’s civil jurisdiction; however, certain matters are specifically assigned to the Chancery Division. The principal business of the Chancery Division is: corporate and personal insolvency disputes; business, trade and industry disputes; the enforcement of mortgages; intellectual property matters, copyright and patents; disputes relating to trust property; and contentious probate (relating to wills and inheritance) actions. Most Chancery business is dealt with in the Royal Courts of Justice in London and in eight provincial High Court centres. Family.
Supreme Court of Judicature Act 1873. Liberal view[edit] One of the reasons that the Liberal government under Gladstone wanted to abolish the judicial aspect of the House of Lords was that it was concerned for the poor quality of judges at this court. Judges at the House of Lords secured their position by mere virtue of the fact that their fathers were hereditary peers and so individuals would automatically inherit seats in the upper house rather than securing their position through merit. Therefore, some of the best lawyers in the land were prohibited from sitting as judges in the upper house simply because of their parentage.
Conservative view[edit] However, under the Conservative government, the 1874 and 1875 Acts retained the judicial aspect of the House of Lords and ensured the quality of judicial appointments to the House of Lords by legislating under the Appellate Jurisdiction Act 1876, for the mechanism of judicial life peers. Appellate Jurisdiction Act 1876[edit] See also[edit] Chancery division. The Chancery Division is a part of the High Court of Justice. The areas of work that it deals with are: business and property related disputes competition general Chancery Claims patents claims intellectual Property claims companies claims insolvency claims trust claims probate claims appeals to the High Court, Chancery Division from the lower court For more information see: Chancery Guide 2013 (PDF 0.61mb) Amended 17 March 2014 Interim Applications in the Chancery Division: A Guide for Litigants in Person Published 30 July 2013 The Division is based at the Rolls Building (off Chancery Lane/Fetter Lane).
The Head of Division, The Chancellor of the High Court, is the Right Honourable Sir Terence Etherton. There are currently seventeen High Court Judges attached to the Chancery Division. In District Registries, the work done by Masters in London is done by District Judges. Deputies sit on a regular basis for both Judges and Masters. The Division includes: back to top Chancery Modernisation Review. Great Seal of the Realm - Wiki. An impression in wax of the Great Seal of the Realm (1953) History[edit] Edward the Confessor sometime before A.D. 1066 started using a "Great Seal" casting in wax of his own visage to signify that a document carried the force of his will. With some exceptions, each subsequent British monarch has chosen his or her own design for the Great Seal. In 1688, before attempting to flee to France, James II is said to have thrown his Great Seal of the Realm into the River Thames in the hope that the machinery of government would cease to function.
Edward VIII, who abdicated in order to marry Mrs Wallis Simpson only a few months after succeeding to the throne, never selected a design for his own seal and continued to use that of his predecessor, George V. Usage[edit] The Great Seal is attached to the official documents of state that require the authorisation of the monarch to implement the advice of the Government. Section 2 of the Great Seal Act 1884 governs the use of the Great Seal of the Realm: Her Majesty's Courts Service - Home. HM Courts & Tribunals Service was created on 1 April 2011. It brings together HM Courts Service & Tribunals Service into one integrated agency providing support for the administration of justice in courts and tribunals. HM Courts & Tribunals Service is an agency of the Ministry of Justice. It uniquely operates as a partnership between the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals as set out in our Framework Document.
The agency is responsible for the administration of the criminal, civil and family courts and tribunals in England and Wales and non-devolved tribunals in Scotland and Northern Ireland. It provides for a fair, efficient and effective justice system delivered by an independent judiciary. From April 2011 the agency employs 21,000 staff operating from around 650 locations. The agency's work is overseen by a Board headed by an independent Chair working with non-executive, executive and judicial members. History of tribunals reforms. Judiciary of England and Wales. There are various levels of judiciary in England and Wales — different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are generally given more weight than district judges sitting in county courts and magistrates' courts.
At 31 March 2006 there were 1,825 judges in post in England and Wales, most of whom were circuit judges (626) or district judges (572).[1] By statute, judges are guaranteed continuing judicial independence.[2] The following is a list of the various types of judges who sit in the Courts of England and Wales:[3] Lord Chief Justice and Lord Chancellor[edit] Since 3 April 2006, the Lord Chief Justice has been the overall head of the judiciary. Although the Lord Chancellor is no longer a judge, he still exercises disciplinary authority over the judges, jointly with the Lord Chief Justice.
Heads of Division[edit] Courts of England and Wales. The United Kingdom does not have a single unified legal system—England and Wales have one system, Scotland another, and Northern Ireland a third. There are exceptions to this rule; for example in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of Employment Tribunals for England, Wales, and Scotland (but not Northern Ireland). Additionally, the Military Court Service has jurisdiction over all members of the armed forces of the United Kingdom in relation to offences against military law.
Supreme Court of the United Kingdom[edit] The Supreme Court is the highest appeal court in almost all cases in England and Wales. Judicial Committee of the Privy Council[edit] The Privy Council is the highest court of appeal for a small number of Commonwealth countries, colonies and the Channel Islands and the Isle of Man. The Senior Courts of England and Wales[edit] Court of Appeal[edit]
Master of the Rolls - Wiki. The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales after the Lord Chief Justice, and serves as the presiding officer of the Civil Division of the Court of Appeal and Head of Civil Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that.[1] One of the most prominent people to hold the position was Thomas Cromwell, a highly influential figure during the reign of Henry VIII.
The present Master of the Rolls is Lord Dyson, who succeeded Lord Neuberger of Abbotsbury on 1 October 2012.[7] List of Masters of the Rolls[edit] References[edit] Jump up ^ Sainty (1993) p. 144Jump up ^ Hanworth (1935) p. 310Jump up ^ Hanworth (1935) p. 316Jump up ^ Hanworth (1935) p. 327Jump up ^ "Oxford DNB theme:Masters of the Rolls". Oxford Dictionary of National Biography. Bibliography[edit] Hanworth, Lord (1935). David Neuberger, Baron Neuberger of Abbotsbury. Early life[edit] Neuberger was born on 10 January 1948, the son of Albert Neuberger,[2] Professor of Chemical Pathology at St Mary's Hospital, University of London, and his wife, Lilian. His uncle was the noted rabbi, Herman N. Neuberger. All three of his brothers are or were professors: James is Professor of Medicine at the University of Birmingham, Michael was Professor of Molecular Immunology at the University of Cambridge, while Anthony is Professor in Finance at Warwick Business School, University of Warwick.[3] Legal career[edit] Between 2006 and 2007, he led an investigation for the Bar Council into widening access to the Bar.
In May 2010, Neuberger gave a controversial, ex tempore dissenting judgment that the trade union Unite had not complied with ballot rules under trade union legislation.[13] In July 2010 Neuberger ruled that peace protesters in Parliament Square who had camped out in Democracy Village should be evicted after the protesters lost an appeal.[14] Notes[edit] Court of Chancery - Wiki. The Court of Chancery in the reign of George I Academics estimate that the Court of Chancery formally split from and became independent of the curia regis in the mid-14th century, at which time it consisted of the Lord Chancellor and his personal staff, the Chancery.
Initially an administrative body with some judicial duties, the Chancery experienced an explosive growth in its work during the 15th century, particularly under the House of York, which academics attribute to its becoming an almost entirely judicial body. From the time of Elizabeth I onwards the Court was severely criticized for its slow pace, large backlogs, and high costs. Those problems persisted until its dissolution, despite being mitigated somewhat by reforms, particularly during the 19th century. For much of its existence the Court was formally led by the Lord Chancellor, assisted by the judges of the common law courts. History[edit] Origins[edit] Rise and early years[edit] Competition with the common law[edit] High Court of Justice. Her Majesty's High Court of Justice in England (usually known as the High Court of Justice of England and Wales, the High Court of Justice or, simply, the High Court) is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales.
Its name is abbreviated as EWHC for legal citation purposes. The High Court deals at first instance with all high value and high importance cases, and also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions. It has three main divisions: the Queen's Bench Division, the Chancery Division, and the Family Division. The Senior Courts Costs Office, which quantifies legal costs pursuant to orders for costs, serves all divisions. The jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate.
The High Court is based at the Royal Courts of Justice on the Strand in the City of Westminster, London. Lord Chief Justice of England and Wales. The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but became the top judge as a result of the Constitutional Reform Act 2005, which removed the judicial functions from the office of Lord Chancellor and altered the duties of the Lord Chief Justice and changed the relationship between the two offices. The Lord Chief Justice is also President of the Criminal Division of the Court of Appeal. The Lord Chief Justice's equivalent in Scotland is the Lord President of the Court of Session, who also holds the post of Lord Justice-General in the High Court of Justiciary.
The current Lord Chief Justice is Lord Thomas of Cwmgiedd, who took over the role on 1 October 2013. History[edit] The suffix "and Wales", now found in statutes and elsewhere, was unilaterally appended by Lord Bingham between 1996 and 2000. Igor Judge, Baron Judge - Wiki. Igor Judge, Baron Judge PC QC (born 19 May 1941),[1] is a former English judge and was Lord Chief Justice of England and Wales, the head of the judiciary,[2] from 2008 to 2013. He was previously President of the Queen's Bench Division, at the time a newly created post assuming responsibilities transferred from the office of Lord Chief Justice. Early life and education[edit] Judge was born in Malta to Raymond and Rosa Judge (née Micallef). Judge was educated at St Edward's College, Cottonera, in Malta, from 1947 to 1954 and The Oratory School in Woodcote in Oxfordshire from 1954 to 1959, where he was Captain of School and Captain of Cricket.[1] He was awarded an Open Exhibition to study History and Law at Magdalene College, Cambridge in 1959, and he graduated BA in 1962.
Legal career[edit] He was the Senior Presiding Judge from 1998 to 2003,[1] when he became Deputy Chief Justice. References[edit] External links[edit]