High Court of Justice
Encyclopedia
The High Court of Justice (usually known simply as the High Court) is, together with the Court of Appeal
and the Crown Court
, one of the Senior Courts of England and Wales. It is also known as the High Court of England and Wales and abbreviated by EWHC.
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 many (but not all) tribunals.
The High Court is based at the Royal Courts of Justice
on The Strand
, in central London
. It has 'District Registries' all across England and Wales and virtually all proceedings in the High Court may be issued and heard at a district registry. It is headed by the Lord Chief Justice of England and Wales
.
The High Court has three main divisions: the Queen's Bench Division, the Chancery Division and the Family Division
. The Senior Courts Costs Office, which deals with the quantification of legal costs pursuant to costs orders made by the courts, falls outside these divisions.
Most proceedings in the High Court are held before a single judge, but certain kinds of proceedings, especially in the Queen's Bench Division, are assigned to a Divisional Court
(i.e., 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 lawyers with a right of audience, or in person.
There are conflicting authorities as to whether, and to what extent, the High Court is bound by its own previous decisions. Appeal from the High Court in civil matters normally lies to the Court of Appeal and thence to the Supreme Court
; in some cases a "leapfrog" appeal may be made directly to the Supreme Court. In criminal matters appeals from the Queen's Bench Divisional Court are made directly to the Supreme Court.
is male — has two roles. It hears a wide range of contract law and personal injury/general negligence cases, but also has special responsibility as a supervisory court. Until 2005, the head of the QBD was the Lord Chief Justice
(currently Lord Judge). A new post of President of the Queen's Bench Division
was created under the provisions of the Constitutional Reform Act 2005
, leaving the Lord Chief Justice as President of the Courts of England and Wales
, Head of the Judiciary of England and Wales and Head of Criminal Justice
. Sir Igor Judge became the first person to hold this office in October 2005.
High Court Judges also sit in the Crown Court
, which is concerned with criminal cases, but High Court Judges only hear the most serious and important cases, with Circuit Judges and Recorders
hearing the majority. In addition, the Queen's Bench Divisional Court hears appeals on points of law from the Magistrates' Court
and from the Crown Court. These are known as Appeals by way of Case Stated
.
The Queen's Bench Division oversees all lesser courts and is the appropriate legal forum where certain government decisions may be challenged on legal grounds. Generally, unless other appeal processes are laid down in law, anyone who wants to challenge the validity of any decision of a lesser court, tribunal, government authority or local authority brings a claim for judicial review
in the Administrative Court
of the Queen's Bench Division. A single judge first decides whether the matter is fit to bring to the court (to filter out frivolous or unarguable cases) and if so the matter is allowed to go forward to a full judicial review hearing with one or more judges.
Appeals from the High Court in civil matters are made to the Court of Appeal
(Civil Division); in criminal matters appeal from the Divisional Court are made only to the Supreme Court of the United Kingdom
.
Specialised Courts of the Queen's Bench Division include the Technology and Construction Court
, Commercial Court, the Admiralty Court
and the Administrative Court
.
, trust
s law, probate law
, and land
law in relation to issues of equity. It has specialist courts (the Patents Court
and the Companies Court
) which deal with intellectual property
and company law
matters respectively. All tax appeals are assigned to the Chancery Division. The head of the Chancery Division was known as the Vice-Chancellor until October 2005, when the title was changed by the Constitutional Reform Act 2005 to Chancellor of the High Court
. The first Chancellor (and the last Vice-Chancellor) is Sir Andrew Morritt
. Cases heard before the Chancery Division are reported in the Chancery Division law reports. In practice, there is some overlap of jurisdiction with the QBD.
, children, probate
and medical treatment
. Its decisions may concern life and death and are perhaps inevitably regarded as controversial. For example, it permitted a hospital to separate conjoined twins
without the parents' consent; and allowed one woman to have her life support machines turned off, while not permitting a husband to give his severely disabled wife a lethal injection with her consent. The High Court Family Division has jurisdiction to hear all cases relating to children's welfare and interest, and exercises an exclusive jurisdiction
in wardship cases. The head of the Family Division is the President of the Family Division
, Sir Nicholas Wall
. High Court Judges of 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, having been formed by the Judicature Acts
by combining 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 the High Court, or Wills, Wives and Wrecks as it was informally called. It was renamed the Family Division when the admiralty and probate courts were transferred to others.
High Court Judges are appointed by the Queen on the recommendation of Judial Appointments Commission, from qualified lawyers. HM Government is statutorily required to respect the principle of judicial independence. High Court Judges may be removed only by a procedure requiring the approval of both Houses of Parliament. In addition to full High Court judges, other persons are authorised to sit as Judges of the High Court, to hear particular types of case; these include certain Circuit Judges and senior Queen's Counsel. Such persons are generally referred to as deputy High Court Judges. Whilst sitting, deputy judges are addressed as though they were full justices.
Much judicial work concerned with procedural or non-contentious matters and certain trials is conducted by junior judges known as "Masters of the High Court" (whether male or female).
See also List of High Court Judges of England and Wales.
s and other ways. Inevitably, the justice administered was patchy and appeals were made direct to the King. The King's travelling representatives (whose primary purpose was tax collection) acted on behalf of the king to make the administration of justice more even. The tradition of judges travelling around the country in set 'circuits' remains to this day, where they hear cases in the district registries of the High Court.
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
and the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
, one of the Senior Courts of England and Wales. It is also known as the High Court of England and Wales and abbreviated by EWHC.
The High Court deals at first instance
Court of first instance
A court of first instance is a trial court of original or primary jurisdiction.Specific courts called the Court of First Instance include:* European Court of First Instance, of the European Union* Court of First Instance...
with all high value and high importance cases, and also has a supervisory jurisdiction over all subordinate courts and many (but not all) tribunals.
The High Court is based at the Royal Courts of Justice
Royal Courts of Justice
The Royal Courts of Justice, commonly called the Law Courts, is the building in London which houses the Court of Appeal of England and Wales and the High Court of Justice of England and Wales...
on The Strand
Strand, London
Strand is a street in the City of Westminster, London, England. The street is just over three-quarters of a mile long. It currently starts at Trafalgar Square and runs east to join Fleet Street at Temple Bar, which marks the boundary of the City of London at this point, though its historical length...
, in central London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. It has 'District Registries' all across England and Wales and virtually all proceedings in the High Court may be issued and heard at a district registry. It is headed by the Lord Chief Justice of England and Wales
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 that changed as a result of the Constitutional Reform Act 2005,...
.
The High Court has three main divisions: the Queen's Bench Division, the Chancery Division and the Family Division
Family division
Family division can refer to:* Family Division of the High Court of Justice* divorce* annulment* division of property* alimony* parental responsibility * dysfunctional familyFor an overview, please see family and family law....
. The Senior Courts Costs Office, which deals with the quantification of legal costs pursuant to costs orders made by the courts, falls outside these divisions.
Most proceedings in the High Court are held before a single judge, but certain kinds of proceedings, especially in the Queen's Bench Division, are assigned to a Divisional Court
Divisional Court
A Divisional Court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges. Matters heard by a Divisional Court include some criminal cases in the High Court as well as certain judicial review cases...
(i.e., 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
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
, but may be represented by lawyers with a right of audience, or in person.
There are conflicting authorities as to whether, and to what extent, the High Court is bound by its own previous decisions. Appeal from the High Court in civil matters normally lies to the Court of Appeal and thence to the Supreme Court
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
; in some cases a "leapfrog" appeal may be made directly to the Supreme Court. In criminal matters appeals from the Queen's Bench Divisional Court are made directly to the Supreme Court.
Divisions
The High Court is organised into three divisions: the Queen's Bench Division (also known as the Divisional Court), the Chancery Division, and the Family Division.Queen's Bench Division
The Queen's Bench Division — or King's Bench Division when the monarchMonarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
is male — has two roles. It hears a wide range of contract law and personal injury/general negligence cases, but also has special responsibility as a supervisory court. Until 2005, the head of the QBD was the Lord Chief Justice
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 that changed as a result of the Constitutional Reform Act 2005,...
(currently Lord Judge). A new post of President of the Queen's Bench Division
President of the Queen's Bench Division
The President of the Queen's Bench Division is the head of the Queen's Bench Division of the High Court of Justice. The current President is Sir John Thomas....
was created under the provisions of the Constitutional Reform Act 2005
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom. It provided for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of...
, leaving the Lord Chief Justice as President of the Courts of England and Wales
Courts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
, Head of the Judiciary of England and Wales and Head of Criminal Justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
. Sir Igor Judge became the first person to hold this office in October 2005.
High Court Judges also sit in the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
, which is concerned with criminal cases, but High Court Judges only hear the most serious and important cases, with Circuit Judges and Recorders
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
hearing the majority. In addition, the Queen's Bench Divisional Court hears appeals on points of law from the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
and from the Crown Court. These are known as Appeals by way of Case Stated
Case Stated
Case stated is an appeal mechanism, a legal function, available in England and Wales to review a magistrates' court decision on a point of law. It is a statement of facts prepared by one court for the opinion of another on a point of law....
.
The Queen's Bench Division oversees all lesser courts and is the appropriate legal forum where certain government decisions may be challenged on legal grounds. Generally, unless other appeal processes are laid down in law, anyone who wants to challenge the validity of any decision of a lesser court, tribunal, government authority or local authority brings a claim for judicial review
Judicial review in English Law
Judicial review is a procedure in English administrative law by which the courts in England and Wales supervise the exercise of public power on the application of an individual...
in the Administrative Court
Administrative Court
The Administrative Court is a specialist court within the Queen's Bench Division of the High Court of Justice of England and Wales. It deals mainly with administrative law matters and exercises the High Court's supervisory jurisdiction over inferior courts and tribunals .The Administrative Court...
of the Queen's Bench Division. A single judge first decides whether the matter is fit to bring to the court (to filter out frivolous or unarguable cases) and if so the matter is allowed to go forward to a full judicial review hearing with one or more judges.
Appeals from the High Court in civil matters are made to the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
(Civil Division); in criminal matters appeal from the Divisional Court are made only to the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
.
Specialised Courts of the Queen's Bench Division include the Technology and Construction Court
Technology and Construction Court
The Technology and Construction Court is a sub-division of the Queen's Bench Division, part of the High Court of Justice, which together with the Crown Court and the Court of Appeal, is one of the Senior Courts of England and Wales...
, Commercial Court, the Admiralty Court
Admiralty court
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries and offences.- Admiralty Courts in England and Wales :...
and the Administrative Court
Administrative Court
The Administrative Court is a specialist court within the Queen's Bench Division of the High Court of Justice of England and Wales. It deals mainly with administrative law matters and exercises the High Court's supervisory jurisdiction over inferior courts and tribunals .The Administrative Court...
.
Chancery Division
The Chancery Division deals with business lawCommercial law
Commercial law is the body of law that governs business and commercial transactions...
, trust
Trust law
In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...
s law, probate law
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
, and land
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
law in relation to issues of equity. It has specialist courts (the Patents Court
Patents Court
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.-References:...
and the Companies Court
Companies Court
The Companies Court is a specialist court within the Chancery Division of the High Court of Justice of England and Wales, which deals with certain matters relating to companies...
) which deal with intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
and company law
Corporations law
Companies law is the field of law concerning companies and other business organizations. This includes corporations, partnerships and other associations which usually carry on some form of economic or charitable activity. The most prominent kind of company, usually referred to as a "corporation",...
matters respectively. All tax appeals are assigned to the Chancery Division. The head of the Chancery Division was known as the Vice-Chancellor until October 2005, when the title was changed by the Constitutional Reform Act 2005 to Chancellor of the High Court
Chancellor of the High Court
The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. Before October 2005, when certain provisions of the Constitutional Reform Act 2005 took effect, the office was known as the Vice-Chancellor...
. The first Chancellor (and the last Vice-Chancellor) is Sir Andrew Morritt
Andrew Morritt
Sir Robert Andrew Morritt CVO is a British judge, currently the Chancellor of the High Court.He attended Magdalene College, Cambridge....
. Cases heard before the Chancery Division are reported in the Chancery Division law reports. In practice, there is some overlap of jurisdiction with the QBD.
Family Division
The Family Division deals with matters such as divorceDivorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
, children, probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
and medical treatment
Medicine
Medicine is the science and art of healing. It encompasses a variety of health care practices evolved to maintain and restore health by the prevention and treatment of illness....
. Its decisions may concern life and death and are perhaps inevitably regarded as controversial. For example, it permitted a hospital to separate conjoined twins
Conjoined twins
Conjoined twins are identical twins whose bodies are joined in utero. A rare phenomenon, the occurrence is estimated to range from 1 in 50,000 births to 1 in 100,000 births, with a somewhat higher incidence in Southwest Asia and Africa. Approximately half are stillborn, and a smaller fraction of...
without the parents' consent; and allowed one woman to have her life support machines turned off, while not permitting a husband to give his severely disabled wife a lethal injection with her consent. The High Court Family Division has jurisdiction to hear all cases relating to children's welfare and interest, and exercises an exclusive jurisdiction
Exclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
in wardship cases. The head of the Family Division is the President of the Family Division
President of the Family Division
The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales. The Family division was created in 1971, out of the former Admiralty Court and probate courts into the then Probate, Divorce and Admiralty Division.As of 13 April 2010,...
, Sir Nicholas Wall
Nicholas Wall (judge)
Sir Nicholas Peter Rathbone Wall is an English judge. He was appointed President of the Family Division and Head of Family Justice for England and Wales on 13 April 2010....
. High Court Judges of 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, having been formed by the Judicature Acts
Judicature Acts
The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875 The Judicature Acts are a...
by combining the Court of Probate
Court of Probate
The Court of Probate was created by the Court of Probate Act 1857, which transferred the jurisdiction of the ecclesiastical courts in testamentary matters to the new court so created....
, the Court for Divorce and Matrimonial Causes
Court for Divorce and Matrimonial Causes
The Court for Divorce and Matrimonial Causes was created by the Matrimonial Causes Act 1857, which transferred the jurisdiction of the ecclesiastical courts in matters matrimonial to the new court so created....
and the High Court of Admiralty into the then Probate, Divorce and Admiralty Division of the High Court, or Wills, Wives and Wrecks as it was informally called. It was renamed the Family Division when the admiralty and probate courts were transferred to others.
Judges
The Justices of Her Majesty's High Court of Justice are informally known as High Court judges, and in judicial matters are formally styled The Hon. Mr(s) Justice (Forename) Surname. Socially they are known simply by the knighthood or damehood which by convention they are given upon appointment, without the prefix "The Hon.". High Court Judges are sometimes referred to as "red judges" after the colour of their formal robes, in contrast to circuit judges who are referred to as "purple judges" for the same reason.High Court Judges are appointed by the Queen on the recommendation of Judial Appointments Commission, from qualified lawyers. HM Government is statutorily required to respect the principle of judicial independence. High Court Judges may be removed only by a procedure requiring the approval of both Houses of Parliament. In addition to full High Court judges, other persons are authorised to sit as Judges of the High Court, to hear particular types of case; these include certain Circuit Judges and senior Queen's Counsel. Such persons are generally referred to as deputy High Court Judges. Whilst sitting, deputy judges are addressed as though they were full justices.
Much judicial work concerned with procedural or non-contentious matters and certain trials is conducted by junior judges known as "Masters of the High Court" (whether male or female).
See also List of High Court Judges of England and Wales.
Circuits
Historically the ultimate source of all justice in England was the monarch. All judges sit in judgement on the monarch's behalf (hence they have the royal coat of arms displayed behind them) and criminal prosecutions are generally made in the monarch's name. Historically, local magnates administered justice in Manorial CourtManorialism
Manorialism, an essential element of feudal society, was the organizing principle of rural economy that originated in the villa system of the Late Roman Empire, was widely practiced in medieval western and parts of central Europe, and was slowly replaced by the advent of a money-based market...
s and other ways. Inevitably, the justice administered was patchy and appeals were made direct to the King. The King's travelling representatives (whose primary purpose was tax collection) acted on behalf of the king to make the administration of justice more even. The tradition of judges travelling around the country in set 'circuits' remains to this day, where they hear cases in the district registries of the High Court.