King's Bench
Encyclopedia
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realm
s. The original Queen's Bench
, founded in 1215 in the United Kingdom
, is one of the ancient court
s of England
, and is now a division of the High Court of Justice of England and Wales.
, including:
In the United Kingdom, the Court of King's Bench (or Court of Queen's Bench) was the name of two courts, in England and Wales and in Ireland respectively. Each was a senior court of common law
, with civil and criminal jurisdiction, and a specific jurisdiction to restrain unlawful actions by public authorities.
The English Court of Queen's Bench was abolished in 1875 by the Supreme Court of Judicature Act 1873
. The Court's jurisdiction passed in each case to a new High Court of Justice
and specifically to the Queen's Bench Division of that court. The Irish Court of Queen's Bench was abolished by the Supreme Court of Judicature (Ireland) Act 1877. The Queen's Bench jurisdiction is now vested in the Queen's Bench Division of the High Court in Northern Ireland.
In England and Wales, the Queen's Bench Division is part of the High Court of Justice
. It was created by the Supreme Court of Judicature Act 1873
. In 1880 the former Common Pleas and Exchequer Divisions were merged into the Queen's Bench Division. Since 1882 the High Court has sat in the Royal Courts of Justice
in the Strand, London.
In Northern Ireland the Queen's Bench Division is part of the High Court of Justice in Northern Ireland, first created by Section 40 of the Government of Ireland Act 1920
. The Division has similar jurisdiction to its counterpart in England and Wales. It sits in the Royal Courts of Justice, Belfast
.
The Queen's Bench Division in England and Wales today consists of the Lord Chief Justice and fourteen puisne
judges, exercising original jurisdiction and also appellate jurisdiction from the county courts and other inferior courts, in practice being exercised by a division of the Queen's Bench only. Other sub-divisions include the Commercial Court, the Admiralty Court and the Administrative Court. The abbreviation QB (or KB) in legal citation is used in the Law Reports to denote cases heard in the Queen's (or King's) Bench Division.
There are masters in the Queen's Bench Division; unlike the masters in the Chancery Division, the Queen's Bench masters have original jurisdiction, and are not attached to any particular judge
. They hear applications in chambers, act as taxing masters and occasionally as referees to conduct inquiries, take accounts, and assess damages
. There remains an appeal from the master to the judge, however, the ability of a judge to appeal to a divisional court in every case, and thence to the court of appeal, ceased after a multiplication of appeals in small interlocutory matters caused a scandal
. Under the Supreme Court of Judicature (Procedure) Act, 1894, there is no right of appeal to the court of appeal in any interlocutory matters (except those mentioned in subs. (b)) without the leave of the judge or of the court of appeal, and, in matters of practice and procedure, the appeal lies directly to the court of appeal from the judge in chambers.
, which, both in character and the essence of its jurisdiction, dates back to the reign of King Alfred
. At first, it was not specifically a court of law, but was the centre of royal power and national administration in England
, consisting of the King, together with his advisors, courtiers, and administrators. At an unknown point, another court, independent of the King's personal presence, grew out of the Curia Regis, and consisted of a number of royal judges who would hear cases themselves. It was recorded in the chronicle of Abbot Benedict of Peterborough
that, in 1178, Henry II
ordered that five judges of his household should remain in Curia Regis, referring only difficult cases to himself. The situation seemed, thereafter, to be that a central royal court, called The Bench, began to sit regularly at Westminster
, leading, at some stage, to a separation between the hearing of matters relevant to the King and those that had no royal connection, which came to be known as common pleas.
In 1215, the Magna Carta
provided that there should be a court the Common Bench
(later Court of Common Pleas), which met in a fixed place and, by 1234, two distinct series of plea rolls existed: de banco those from the Common Bench and coram rege (Latin for "in the presence of the King") for those from the King's Bench. The King's Bench, being a theoretically movable court, was excluded from hearing common pleas, which included all praecipe
actions for the recovery of property or debt, while actions of trespass
and replevin
were shared between the two benches. In practice pleas of the Crown were heard only in the King's Bench.
The King's Bench was further divided into two parts: the Crown side, which had an unlimited criminal jurisdiction, both at first instance or as a court to which legal questions arising out of indictments in other courts could be referred; and the plea side, which dealt with actions of trespass, appeals of felony, and writs of error. The Lord Chief Justice of the King's Bench was also styled Lord Chief Justice of England, being the highest permanent judge
of the Crown
.
The King's Bench became a fixed court sitting in Westminster Hall. Its justices travelled on circuit (a requirement of Magna Carta). By a legal fiction, criminal cases to be heard in the shires were set down for trial in Westminster Hall "unless before" (nisi prius
) the justice came to the county, which was where the trial actually took place.
During the Commonwealth of England
, from 1649 to 1660, the court was known as the Upper Bench.
The court also gave its name to London's King's Bench Prison
, in which many defendants were subsequently incarcerated, and to King's Bench Walk in the Inner Temple
.
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s. The original Queen's Bench
Court of King's Bench (England)
The Court of King's Bench , formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system...
, founded in 1215 in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, is one of the ancient court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, and is now a division of the High Court of Justice of England and Wales.
Canada
The Court of Queen's Bench is the superior court in several Canadian provincesProvinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...
, including:
- AlbertaAlbertaAlberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
(Court of Queen's Bench of AlbertaCourt of Queen's Bench of AlbertaThe Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....
), - ManitobaManitobaManitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
(Court of Queen's Bench of ManitobaCourt of Queen's Bench of ManitobaThe Court of Queen's Bench of Manitoba is the superior court of the Canadian province of Manitoba...
), - New BrunswickNew BrunswickNew Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
(Court of Queen's Bench of New BrunswickCourt of Queen's Bench of New BrunswickThe Court of Queen's Bench of New Brunswick is the superior court of the Canadian province of New Brunswick.- Structure :...
) - SaskatchewanSaskatchewanSaskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
(Court of Queen's Bench for SaskatchewanCourt of Queen's Bench for SaskatchewanThe Court of Queen's Bench of Saskatchewan is the superior trial court for the Canadian province of Saskatchewan. The Court hears civil and criminal law cases. It is a court of inherent jurisdiction and there is no monetary limit on the claims which it may hear. It also has original jurisdiction...
)
Court of Queen's Bench
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, with civil and criminal jurisdiction, and a specific jurisdiction to restrain unlawful actions by public authorities.
The English Court of Queen's Bench was abolished in 1875 by the Supreme Court of Judicature Act 1873
Supreme Court of Judicature Act 1873
The Supreme Court of Judicature Act 1873 was an Act of Parliament by the Parliament of the United Kingdom in 1873...
. The Court's jurisdiction passed in each case to a new High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
and specifically to the Queen's Bench Division of that court. The Irish Court of Queen's Bench was abolished by the Supreme Court of Judicature (Ireland) Act 1877. The Queen's Bench jurisdiction is now vested in the Queen's Bench Division of the High Court in Northern Ireland.
Queen's Bench Division
There is a Queen's Bench Division as a division of the High Court of England and Wales and of the High Court in Northern Ireland.In England and Wales, the Queen's Bench Division is part of the High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
. It was created by the Supreme Court of Judicature Act 1873
Supreme Court of Judicature Act 1873
The Supreme Court of Judicature Act 1873 was an Act of Parliament by the Parliament of the United Kingdom in 1873...
. In 1880 the former Common Pleas and Exchequer Divisions were merged into the Queen's Bench Division. Since 1882 the High Court has sat in 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...
in the Strand, London.
In Northern Ireland the Queen's Bench Division is part of the High Court of Justice in Northern Ireland, first created by Section 40 of the Government of Ireland Act 1920
Government of Ireland Act 1920
The Government of Ireland Act 1920 was the Act of the Parliament of the United Kingdom which partitioned Ireland. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill or as the Fourth Home Rule Act.The Act was intended...
. The Division has similar jurisdiction to its counterpart in England and Wales. It sits in the Royal Courts of Justice, Belfast
Royal Courts of Justice, Belfast
The Royal Courts of Justice in Belfast is the home of the Court of Judicature of Northern Ireland established under the Judicature Act 1978. This comprises the Northern Ireland Court of Appeal, High Court of Northern Ireland and the Crown Court in Northern Ireland...
.
The Queen's Bench Division in England and Wales today consists of the Lord Chief Justice and fourteen puisne
Puisne
Puisne is a legal term of art used mainly in British English meaning "inferior in rank." It is pronounced like the word puny, and the word, so spelled, has become an ordinary adjective meaning weak or undersized.The judges and barons of the common law courts at...
judges, exercising original jurisdiction and also appellate jurisdiction from the county courts and other inferior courts, in practice being exercised by a division of the Queen's Bench only. Other sub-divisions include the Commercial Court, the Admiralty Court and the Administrative Court. The abbreviation QB (or KB) in legal citation is used in the Law Reports to denote cases heard in the Queen's (or King's) Bench Division.
There are masters in the Queen's Bench Division; unlike the masters in the Chancery Division, the Queen's Bench masters have original jurisdiction, and are not attached to any particular judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
. They hear applications in chambers, act as taxing masters and occasionally as referees to conduct inquiries, take accounts, and assess damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
. There remains an appeal from the master to the judge, however, the ability of a judge to appeal to a divisional court in every case, and thence to the court of appeal, ceased after a multiplication of appeals in small interlocutory matters caused a scandal
Scandal
A scandal is a widely publicized allegation or set of allegations that damages the reputation of an institution, individual or creed...
. Under the Supreme Court of Judicature (Procedure) Act, 1894, there is no right of appeal to the court of appeal in any interlocutory matters (except those mentioned in subs. (b)) without the leave of the judge or of the court of appeal, and, in matters of practice and procedure, the appeal lies directly to the court of appeal from the judge in chambers.
History
The Court of Queen's Bench grew out of the King's Court, or Curia RegisCuria Regis
Curia regis is a Latin term meaning "royal council" or "king's court."- England :The Curia Regis, in the Kingdom of England, was a council of tenants-in-chief and ecclesiastics that advised the king of England on legislative matters...
, which, both in character and the essence of its jurisdiction, dates back to the reign of King Alfred
Alfred the Great
Alfred the Great was King of Wessex from 871 to 899.Alfred is noted for his defence of the Anglo-Saxon kingdoms of southern England against the Vikings, becoming the only English monarch still to be accorded the epithet "the Great". Alfred was the first King of the West Saxons to style himself...
. At first, it was not specifically a court of law, but was the centre of royal power and national administration in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, consisting of the King, together with his advisors, courtiers, and administrators. At an unknown point, another court, independent of the King's personal presence, grew out of the Curia Regis, and consisted of a number of royal judges who would hear cases themselves. It was recorded in the chronicle of Abbot Benedict of Peterborough
Abbas Benedictus
Abbas Benedictus , abbot of Peterborough, whose name is accidentally connected with the Gesta Henrici Regis Secundi and Gesta Regis Ricardi, among the most valuable of English 12th century chronicles, which are now attributed to Roger of Howden.Benedictus first makes his appearance in 1174, as the...
that, in 1178, Henry II
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
ordered that five judges of his household should remain in Curia Regis, referring only difficult cases to himself. The situation seemed, thereafter, to be that a central royal court, called The Bench, began to sit regularly at Westminster
Westminster
Westminster is an area of central London, within the City of Westminster, England. It lies on the north bank of the River Thames, southwest of the City of London and southwest of Charing Cross...
, leading, at some stage, to a separation between the hearing of matters relevant to the King and those that had no royal connection, which came to be known as common pleas.
In 1215, the Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
provided that there should be a court the Common Bench
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
(later Court of Common Pleas), which met in a fixed place and, by 1234, two distinct series of plea rolls existed: de banco those from the Common Bench and coram rege (Latin for "in the presence of the King") for those from the King's Bench. The King's Bench, being a theoretically movable court, was excluded from hearing common pleas, which included all praecipe
Praecipe
In law in the United States, a praecipe is document that either commands a defendant to appear and show cause why an act or thing should not be done; or requests the clerk of court to issue a writ and to specify its contents...
actions for the recovery of property or debt, while actions of trespass
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
and replevin
Replevin
In creditors' rights law, replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require a defendant to return specific goods to the...
were shared between the two benches. In practice pleas of the Crown were heard only in the King's Bench.
The King's Bench was further divided into two parts: the Crown side, which had an unlimited criminal jurisdiction, both at first instance or as a court to which legal questions arising out of indictments in other courts could be referred; and the plea side, which dealt with actions of trespass, appeals of felony, and writs of error. The Lord Chief Justice of the King's Bench was also styled Lord Chief Justice of England, being the highest permanent judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
.
The King's Bench became a fixed court sitting in Westminster Hall. Its justices travelled on circuit (a requirement of Magna Carta). By a legal fiction, criminal cases to be heard in the shires were set down for trial in Westminster Hall "unless before" (nisi prius
Nisi prius
Nisi prius is a historical term in English law. In the nineteenth century, it came to be used to denote generally all legal actions tried before judges of the King's Bench Division and in the early twentieth century for actions tried at assize by a judge given a commission. Used in that way, the...
) the justice came to the county, which was where the trial actually took place.
During the Commonwealth of England
Commonwealth of England
The Commonwealth of England was the republic which ruled first England, and then Ireland and Scotland from 1649 to 1660. Between 1653–1659 it was known as the Commonwealth of England, Scotland and Ireland...
, from 1649 to 1660, the court was known as the Upper Bench.
The court also gave its name to London's King's Bench Prison
King's Bench Prison
The King's Bench Prison was a prison in Southwark, south London, from medieval times until it closed in 1880. It took its name from the King's Bench court of law in which cases of defamation, bankruptcy and other misdemeanours were heard; as such, the prison was often used as a debtor's prison...
, in which many defendants were subsequently incarcerated, and to King's Bench Walk in the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
.