Staff of Government Division
Encyclopedia
The Staff of Government Division of the High Court of Justice (usually shorted to Staff of Government Division) is the Court of Appeal in the Isle of Man
. It hears all appeals, both criminal and civil, from the High Court. It is the second highest court in the Isle of Man
with final appeal going to the Judicial Committee of the Privy Council
acting as 'The Queen in Council'.
The judges of the Staff of Government Division are the First Deemster
and Clerk of the Rolls
, the Second Deemster
, the Judge of Appeal
and any other English Queens Counsels who are appointed as acting deemsters to hear an appeal. With only two judges at a time, whose decisions are joined to the original trial decision, the court almost always has a majority, if either Deemster agrees with the trial Judge.
, and later the officers of the Lieutenant Governor
. The Judicature Act 1883 created the High Court of Justice
, and replaced the Lieutenant Governor's officers with the two deemsters who acted as judges in the courts of first instance, and the Clerk of the Rolls
.
However, this left the Lieutenant Governor continuing to act as judge despite lacking any legal training. He was removed by the Judicature (Amendment) Act 1921, following the addition of an additional independent judge, in the form of an English Queen's Counsel
as Judge of Appeal
, by the Judicature (Amendment) Act 1918. This removed the last vestiges of the government and its staff from the Manx judicial system.
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
. It hears all appeals, both criminal and civil, from the High Court. It is the second highest court in the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
with final appeal going to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
acting as 'The Queen in Council'.
The judges of the Staff of Government Division are the First Deemster
Deemster
A deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
and Clerk of the Rolls
Clerk of the Rolls
The Clerk of the Rolls is a judge and Head of the Judiciary in the Isle of Man.This position was formerly distinct from that of the Deemsters but now the Clerk of the Rolls is held jointly with the office of First Deemster....
, the Second Deemster
Deemster
A deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
, the Judge of Appeal
Judge of Appeal
The Judge of Appeal is a part time judge in the Isle of Man High Court who only sits in the Staff of Government Division, the appeal court.The position was created by the Judicature Act 1918 which also amalgamated the offices of First Deemster and Clerk of the Rolls...
and any other English Queens Counsels who are appointed as acting deemsters to hear an appeal. With only two judges at a time, whose decisions are joined to the original trial decision, the court almost always has a majority, if either Deemster agrees with the trial Judge.
Name and history
The name Staff of Government comes from the original court of appeal on the Island, which consisted of the officers of the Lord of MannLord of Mann
The title Lord of Mann is used on the Isle of Man to refer to Queen Elizabeth II, who is the island's Lord Proprietor and head of state.-Relationship with the Crown:The title is not correctly used on its own...
, and later the officers of the Lieutenant Governor
Lieutenant Governor of the Isle of Man
The Lieutenant Governor is the representative on the Isle of Man of the Lord of Mann . He/she has the power to grant Royal Assent and is styled His Excellency. In recent times the Governor has either been a retired diplomat or senior military officer...
. The Judicature Act 1883 created the High Court of Justice
Isle of Man High Court
The High Court of Justice of the Isle of Man is governed by the High Court Act 1991. There are four permanent judges of the High Court:*the First Deemster and Clerk of the Rolls*the Second Deemster*a full time additional Deemster*the Judge of Appeal...
, and replaced the Lieutenant Governor's officers with the two deemsters who acted as judges in the courts of first instance, and the Clerk of the Rolls
Clerk of the Rolls
The Clerk of the Rolls is a judge and Head of the Judiciary in the Isle of Man.This position was formerly distinct from that of the Deemsters but now the Clerk of the Rolls is held jointly with the office of First Deemster....
.
However, this left the Lieutenant Governor continuing to act as judge despite lacking any legal training. He was removed by the Judicature (Amendment) Act 1921, following the addition of an additional independent judge, in the form of an English Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
as Judge of Appeal
Judge of Appeal
The Judge of Appeal is a part time judge in the Isle of Man High Court who only sits in the Staff of Government Division, the appeal court.The position was created by the Judicature Act 1918 which also amalgamated the offices of First Deemster and Clerk of the Rolls...
, by the Judicature (Amendment) Act 1918. This removed the last vestiges of the government and its staff from the Manx judicial system.