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Unlimited
jurisdiction.
Hears appeals
3 Divisions |
Has unlimited civil
jurisdiction and hears appeals from inferior courts (civil and criminal)
and tribunals. Work divided amongst the following three divisions:
(a) The Queen's
Bench Division.
(b) The Chancery
Division.
(c) The Family
Division.
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Dividing the work |
Each division has
jurisdiction to hear any High Court action, but for administrative
convenience, the divisions specialise in specific areas of work.
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Judges |
The divisions
consist of head or president and High Court judges or puisne judges
(pronounced "pewny").
Cases may be heard
before a judge or former judge of the Court of Appeal, a circuit judge, a
recorder or a former High Court judge.
Judges appointed by
the Queen on the recommendation of the
'Lord Chancellor and Secretary of State for Justice' may be barristers
or solicitors.
Judges usually sit
alone but in the divisional courts, there must be at least two judges.
The High Court has
original jurisdiction, which means that it is the first time the case has
appeared before the courts.
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Divisional courts |
The divisional
courts (of each division) have appellate jurisdiction and hear appeals
from interior or lower courts, but note: not from the other ‘divisions’ of
the High Court.
What is a Divisional Court |
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The
Queen's Bench Division |
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Hears everything
else that is not heard in Chancery or
Family Divisions |
Hears more cases
than either of the other divisions (see below), and it has the widest
jurisdiction, dealing with all matters not covered by the other divisions,
the majority of them being actions in tort and contract. |
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Admiralty and
Commercial Court |
The Administration
of Justice Act 1970 created two courts as part of the Queen's Bench
Division.
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The
Admiralty
Court hears cases concerned with the Admiralty, and acts as a Prize
Court.
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The
Commercial
Court hears cases on commercial matters, such as banking and insurance.
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Divisional courts |
Appeals are heard by
the Divisional Courts from certain administrative tribunals and from
solicitors on appeal from the Disciplinary Committee of the Law Society.
Also has
jurisdiction to hear applications for the writ of habeas corpus, and
orders of certiorari, mandamus and prohibition.
The Divisional Court of the Queen’s Bench Division is called the
Administrative Court
when dealing with judicial review.
What is a Divisional Court |
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Judges |
The head is the Lord
Chief Justice although he mostly hears criminal appeals.
Approximately 50
puisne judges hear most cases.
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The
Chancery Division |
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Types of work |
Cases concerning
trusts, property, company law, partnerships winding up of companies and
bankruptcy mortgages taxation administration of estates of deceased
persons and contentious probate cases. |
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Divisional court |
A single judge hears
appeals from the Commissioners of Inland Revenue.
May hear appeals
from the county court on certain bankruptcy and land registration matters.
What is a Divisional Court |
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Judges |
The nominal head of
the Chancery Division is the
'Lord Chancellor and Secretary of State for Justice'.
However, he never sits.
The Vice-Chancellor
is the working head or the division and there are usually 12 puisne
Judges.
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The
Family Division |
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Judges
Marriage and
children
Probate
Guardianship |
A president heads
the Family Division, and there are approximately 16 puisne judges.
Hears cases dealing
with:
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The validity and
the breakdown of marriage and all relevant matters such as the custody
of children and the distribution of property.
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Non-contentious
probate mattes
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Applications in
respect of guardianship and wardship of minors legitimation, adoption
and disputes between spouses over title to property.
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Divisional court |
Hears appeals on
matrimonial and family matters from the country court and the magistrates'
courts.
What is a Divisional Court |
