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(1) The Senior Courts of England and Wales shall consist of the Court of Appeal, the High Court of Justice and the Crown Court, each having such jurisdiction as is conferred on it by or under this or any other Act.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Court of Appeal shall consist of—
(a) ex-officio judges, and
(b) ordinary judges, of whom the maximum full-time equivalent number is 39
(2) The following shall be ex-officio judges of the Court of Appeal—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) any person who was Lord Chancellor before 12 June 2003 ;
(c) any judge of the Supreme Court who at the date of his appointment was, or was qualified for appointment as, an ordinary judge of the Court of Appeal or held an office within paragraphs (d) to (g);
(d) the Lord Chief Justice;
(e) the Master of the Rolls;
(f) the President of the Queen's Bench Division;
(g) the President of the Family Division;
(h) the Chancellor of the High Court;
but a person within paragraph (b) or (c) shall not be required to sit and act as a judge of the Court of Appeal unless at the request of the Lord Chief Justice he consents to do so.
(2A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his function under subsection (2) of making requests to persons within paragraphs (b) and (c) of that subsection.
(3) An ordinary judge of the Court of Appeal (including the vice-president, if any, of either division) shall be styled “Lord Justice of Appeal” or “Lady Justice of Appeal”.
(4) Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the maximum full-time equivalent number of ordinary judges of the Court of Appeal.
(4A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).
(5) No recommendation shall be made to Her Majesty in Council to make an Order under subsection (4) unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
(6) The Court of Appeal shall be taken to be duly constituted notwithstanding any vacancy in the office of . . . Lord Chief Justice, Master of the Rolls, President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court .
(7) For the purposes of this section the full-time equivalent number of ordinary judges is to be calculated by taking the number of full-time ordinary judges and adding, for each ordinary judge who is not a full-time ordinary judge, such fraction as is reasonable.
(1) There shall be two divisions of the Court of Appeal, namely the criminal division and the civil division.
(2) The Lord Chief Justice shall be president of the criminal division of the Court of Appeal, and the Master of the Rolls shall be president of the civil division of that court.
(3) The Lord Chief Justice may, after consulting the Lord Chancellor appoint one of the ordinary judges of the Court of Appeal as vice-president of both divisions of that court, or one of those judges as vice-president of the criminal division and another of them as vice-president of the civil division.
(4) When sitting in a court of either division of the Court of Appeal in which no ex-officio judge of the Court of Appeal is sitting, the vice-president (if any) of that division shall preside.
(5) Any number of courts of either division of the Court of Appeal may sit at the same time.
(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).
(1) The High Court shall consist of—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the Lord Chief Justice;
(ba) the President of the Queen's Bench Division;
(c) the President of the Family Division;
(d) the Chancellor of the High Court;
(dd) the Senior Presiding Judge
(ddd) the vice-president of the Queen’s Bench Division; and
(e) the puisne judges of that court, of whom the maximum full-time equivalent number is 108.
(2) The puisne judges of the High Court shall be styled “Justices of the High Court”.
(3) All the judges of the High Court shall, except where this Act expressly provides otherwise, have in all respects equal power, authority and jurisdiction.
(4) Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the maximum full-time equivalent number of puisne judges of the High Court.
(4A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).
(5) No recommendation shall be made to Her Majesty in Council to make an Order under subsection (4) unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
(6) The High Court shall be taken to be duly constituted notwithstanding any vacancy in the office of . . . Lord Chief Justice, President of the Queen's Bench Division, President of the Family Division, Chancellor of the High Court or Senior Presiding Judge and whether or not an appointment has been made to the office of vice-president of the Queen’s Bench Division. .
(7) For the purposes of this section the full-time equivalent number of puisne judges is to be calculated by taking the number of full-time puisne judges and adding, for each puisne judge who is not a full-time puisne judge, such fraction as is reasonable.
(1) There shall be three divisions of the High Court namely—
(a) the Chancery Division, consisting of the Chancellor of the High Court, who shall be president thereof, and such of the puisne judges as are for the time being attached thereto in accordance with this section;
(b) the Queen’s Bench Division, consisting of the Lord Chief Justice, , the President of the Queen's Bench Division , the vice-president of the Queen’s Bench Division and such of the puisne judges as are for the time being so attached thereto; and
(c) the Family Division, consisting of the President of the Family Division and such of the puisne judges as are for the time being so attached thereto.
(2) The puisne judges of the High Court shall be attached to the various Divisions by direction given by the Lord Chief Justice after consulting the Lord Chancellor ; and any such judge may with his consent be transferred from one Division to another by direction given by the Lord Chief Justice after consulting the Lord Chancellor , but shall be so transferred only with the concurrence of the senior judge of the Division from which it is proposed to transfer him.
(3) Any judge attached to any Division may act as an additional judge of any other Division at the request of the Lord Chief Justice made with the concurrence of both of the following—
(a) the senior judge of the Division to which the judge is attached;
(b) the senior judge of the Division of which the judge is to act as an additional judge.
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(4) Nothing in this section shall be taken to prevent a judge of any Division (whether nominated under section 6(2) or not) from sitting, whenever required, in a divisional court of another Division or for any judge of another Division.
(5) Without prejudice to the provisions of this Act relating to the distribution of business in the High Court, all jurisdiction vested in the High Court under this Act shall belong to all the Divisions alike.
(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
(1) There shall be—
(a) as part of the Chancery Division, a Patents Court; and
(b) as parts of the Queen’s Bench Division, an Admiralty Court and a Commercial Court.
(2) The judges of the Patents Court, of the Admiralty Court and of the Commercial Court shall be such of the puisne judges of the High Court as the Lord Chief Justice may, after consulting the Lord Chancellor, from time to time nominate to be judges of the Patents Court, Admiralty Judges and Commercial Judges respectively.
(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
(1) Her Majesty may from time to time, on a recommendation of the Lord Chancellor and the judges mentioned in subsection (2), by Order in Council direct that—
(a) any increase or reduction in the number of Divisions of the High Court; or
(b) the transfer of any of the courts mentioned in section 6(1) to a different Division,
be carried into effect in pursuance of the recommendation.
(2) Those judges are . . . the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court
(3) An Order in Council under this section may include such incidental, supplementary or consequential provisions as appear to Her Majesty necessary or expedient, including amendments of provisions referring to particular Divisions contained in this Act or any other statutory provision.
(4) Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The jurisdiction of the Crown Court shall be exercisable by—
(a) any judge of the High Court; or
(b) any Circuit judge , Recorder, qualifying judge advocate or District Judge (Magistrates' Courts) ; or
(c) subject to and in accordance with the provisions of sections 74 and 75(2), a judge of the High Court, Circuit judge , Recorder or qualifying judge advocate sitting with not more than four justices of the peace,
and any such persons when exercising the jurisdiction of the Crown Court shall be judges of the Crown Court.
(1A) The jurisdiction of the Crown Court exercisable by a qualifying judge advocate by virtue of subsection (1) is the jurisdiction of the Court in relation to any criminal cause or matter other than an appeal from a youth court.
(2) A justice of the peace is not disqualified from acting as a judge of the Crown Court merely because the proceedings are not at a place within the local justice area to which he is assigned or because the proceedings are not related to that area in any other way.
(3) When the Crown Court sits in the City of London it shall be known as the Central Criminal Court; and the Lord Mayor of the City and any Alderman of the City shall be entitled to sit as judges of the Central Criminal Court with any judge of the High Court , Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts) .
(4) Subsection (1A) does not affect the jurisdiction of the Crown Court exercisable by a person who holds an office mentioned in subsection (1)(a) or (b) where that person is also a qualifying judge advocate.
(1) A person within any entry in column 1 of the following Table may subject to the provision at the end of that Table at any time, at the request of the appropriate authority, act—
(a) as a judge of a relevant court specified in the request; or
(b) if the request relates to a particular division of a relevant court so specified, as a judge of that court in that division.
Table
The entry in column 2 specifying the Court of Appeal in relation to a Circuit judge only authorises such a judge to act as a judge of a court in the criminal division of the Court of Appeal.
(1ZA) The Senior President of Tribunals is to be treated as not being within any entry in column 1 of the Table other than entry 4A.
(1ZB) A person is within this subsection if the person—
(a) is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,
(b) is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,
(c) is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),
(d) is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act), or
(e) is the President of Employment Tribunals (England and Wales) or the President of Employment Tribunals (Scotland).
(1A) A person shall not act as a judge by virtue of subsection (1) after the day on which he attains the age of 75.
(2) In subsection (1)—
“ the appropriate authority ” means—
the Lord Chief Justice or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him to exercise his functions under this section, or
at any time when the Lord Chief Justice or the nominated judicial office holder is unable to make such a request himself, or there is a vacancy in the office of Lord Chief Justice, the Master of the Rolls;
“relevant court”, in the case of a person within any entry in column 1 of the Table, means a court specified in relation to that entry in column 2 of the Table.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) The power of the appropriate authority to make a request under subsection (1) is subject to subsections (2B) to (2D).
(2B) ... The appropriate authority may make the request only after consulting the Lord Chancellor.
(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2CA) In the case of a request to a person within entry 5 or 6 in column 1 of the Table to act as a judge of the High Court, the appropriate authority may make the request only if the person is a member of the pool for requests under subsection (1) to persons within that entry.
(2D) In the case of a request to a Circuit judge ... to act as a judge of the Court of Appeal , the appropriate authority may make the request only with the concurrence of the Judicial Appointments Commission.
(3) The person to whom a request is made under subsection (1) must comply with the request, but this does not apply to—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a request made to the Senior President of Tribunals if the holder of that office is a judge of the Court of Session or of the High Court, or Court of Appeal, in Northern Ireland.
(4) Without prejudice to section 24 of the Courts Act 1971 (temporary appointment of deputy Circuit judges ...), if it appears to the Lord Chief Justice, after consulting the Lord Chancellor, that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the High Court or the Crown Court or any other court or tribunal to which persons appointed under this subsection may be deployed , he may appoint a person qualified for appointment as a puisne judge of the High Court to be a deputy judge of the High Court during such period or on such occasions as the Lord Chief Justice may, after consulting the Lord Chancellor, think fit ; and during the period or on the occasions for which a person is appointed as a deputy judge under this subsection, he may act as a puisne judge of the High Court.
(4A) No appointment of a person as a deputy judge of the High Court shall be such as to extend beyond the day on which he attains the age of 75 .
(5) Every person while acting under this section shall, subject to subsections (6) and (6A) , be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is acting.
(6) A person shall not by virtue of subsection (5)—
(a) be treated as a judge of the court in which he is acting for the purposes of section 98(2) or of any statutory provision relating to—
(i) the appointment, retirement, removal or disqualification of judges of that court;
(ii) the tenure of office and oaths to be taken by such judges; or
(iii) the remuneration, allowances or pensions of such judges; or
(b) subject to section 27 of the Judicial Pensions and Retirement Act 1993 , be treated as having been a judge of a court in which he has acted only under this section.
(6A) A Circuit judge , Recorder or person within subsection (1ZB) shall not by virtue of subsection (5) exercise any of the powers conferred on a single judge by sections 31 , 31B, 31C and 44 of the Criminal Appeal Act 1968 (powers of single judge in connection with appeals to the Court of Appeal and appeals from the Court of Appeal to the Supreme Court ).
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine may be paid out of money provided by Parliament—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) to any deputy judge of the High Court appointed under subsection (4).
(8A) A person may be removed from office as a deputy judge of the High Court—
(a) only by the Lord Chancellor with the agreement of the Lord Chief Justice, and
(b) only on—
(i) the ground of inability or misbehaviour, or
(ii) a ground specified in the person's terms of appointment.
(8B) Subject to the preceding provisions of this section, a person appointed under subsection (4) is to hold and vacate office as a deputy judge of the High Court in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.
(9) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under this section .
(1) Whenever the office of Lord Chief Justice, Master of the Rolls, President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court is vacant, Her Majesty may , on the recommendation of the Lord Chancellor, by letters patent appoint a qualified person to that office.
(2) Subject to the limits on full-time equivalent numbers for the time being imposed by sections 2(1) and 4(1), Her Majesty may , on the recommendation of the Lord Chancellor, from time to time by letters patent appoint qualified persons as Lords Justices of Appeal or as puisne judges of the High Court.
(3) No person shall be qualified for appointment—
(a) as Lord Chief Justice, Master of the Rolls, President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court , unless he is qualified for appointment as a Lord Justice of Appeal or is a judge of the Court of Appeal;
(b) as a Lord Justice of Appeal, unless—
he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
he is a judge of the High Court; ; or
(c) as a puisne judge of the High Court, unless—
he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
he is a Circuit judge who has held that office for at least 2 years.
(4) A person appointed—
(a) to any of the offices mentioned in subsection (1),
(b) as a Lord Justice of Appeal, or
(c) as a puisne judge of the High Court,
shall take the required oaths as soon as may be after accepting office.
(5) In the case of a person appointed to the office of Lord Chief Justice, the required oaths are to be taken in the presence of all of the following—
(a) the Master of the Rolls;
(b) the President of the Queen's Bench Division;
(c) the President of the Family Division;
(d) the Chancellor of the High Court.
(6) Where subsection (5) applies but there is a vacancy in one or more (but not all) of the offices mentioned in that subsection, the required oaths are to be taken in the presence of the holders of such of the offices as are not vacant.
(6A) Where the holder of an office mentioned in subsection (5) is incapable of exercising the functions of the office, the office is to be treated as vacant for the purposes of subsection (6).
(7) In the case of a person appointed other than to the office of Lord Chief Justice, the required oaths are to be taken in the presence of—
(a) the Lord Chief Justice, or
(b) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him for this purpose.
(8) In this section “ required oaths ” means—
(a) the oath of allegiance, and
(b) the judicial oath,
as set out in the Promissory Oaths Act 1868.
(1) This section applies to the office of any judge of the Senior Courts . . . .
(2) A person appointed to an office to which this section applies shall vacate it on the day on which he attains the age of 75 unless by virtue of this section he has ceased to hold it before then.
(3) A person appointed to an office to which this section applies shall hold that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament.
(3A) It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under subsection (3).
(4) A person holding an office within section 2(2)(d) to (g) shall vacate that office on becoming a judge of the Supreme Court .
(5) A Lord Justice of Appeal shall vacate that office on becoming an ex-officio judge of the Court of Appeal.
(6) A puisne judge of the High Court shall vacate that office on becoming a judge of the Court of Appeal.
(7) A person who holds an office to which this section applies may at any time resign it by giving the Lord Chancellor notice in writing to that effect.
(8) The Lord Chancellor, if satisfied by means of a medical certificate that a person holding an office to which this section applies—
(a) is disabled by permanent infirmity from the performance of the duties of his office; and
(b) is for the time being incapacitated from resigning his office,
may, subject to subsection (9), by instrument under his hand declare that person’s office to have been vacated; and the instrument shall have the like effect for all purposes as if that person had on the date of the instrument resigned his office.
(9) A declaration under subsection (8) with respect to a person shall be of no effect unless it is made—
(a) in the case of any of the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court, with the concurrence of two others of them;
(b) in the case of a Lord Justice of Appeal, with the concurrence of the Master of the Rolls;
(c) in the case of a puisne judge of any Division of the High Court, with the concurrence of the senior judge of that Division.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subject to subsections (2) and (3), there shall be paid to judges of the Senior Courts . . . such salaries as may be determined by the Lord Chancellor with the concurrence of the Minister for the Civil Service.
(2) Until otherwise determined under this section, there shall be paid to the judges mentioned in subsection (1) the same salaries as at the commencement of this Act.
(3) Any salary payable under this section may be increased, but not reduced, by a determination or further determination under this section.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Salaries payable under this section shall be charged on and paid out of the Consolidated Fund.
(6) There shall be paid out of money provided by Parliament to any judge of the Court of Appeal or of the High Court, in addition to his salary, such allowances as may be determined by the Lord Chancellor with the concurrence of the Minister for the Civil Service.
(7) Pensions shall be payable to or in respect of the judges mentioned in subsection (1) in accordance with section 2 of the Judicial Pensions Act 1981 or, in the case of a judge who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, in accordance with that Act .
(1) When sitting in the Court of Appeal—
(a) the Lord Chief Justice and the Master of the Rolls shall rank in that order; and
(b) judges of the Supreme Court and persons who have been Lord Chancellor shall rank next after the Master of the Rolls and, among themselves, according to the priority of the dates on which they respectively became judges of the Supreme Court or Lord Chancellor, as the case may be.
(2) Subject to subsection (1)(b), the President of the Queen's Bench Division shall rank next after the Master of the Rolls.
(2A) The President of the Family Division shall rank next after the President of the Queen's Bench Division.
(3) The Chancellor of the High Court shall rank next after the President of the Family Division.
(4) The vice-president or vice-presidents of the divisions of the Court of Appeal shall rank next after the Chancellor of the High Court ; and if there are two vice-presidents of those divisions, they shall rank, among themselves, according to the priority of the dates on which they respectively became vice-presidents.
(5) The Lords Justices of Appeal (other than the vice-president or vice-presidents of the divisions of the Court of Appeal) shall rank after the ex-officio judges of the Court of Appeal and, among themselves, according to the priority of the dates on which they respectively became judges of that court.
(6) The puisne judges of the High Court shall rank next after the judges of the Court of Appeal and, among themselves, according to the priority of the dates on which they respectively became judges of the High Court.
(1) A judge of the Senior Courts or of the Crown Court shall not be incapable of acting as such in any proceedings by reason of being, as one of a class of ratepayers, taxpayers or persons of any other description, liable in common with others to pay, or contribute to, or benefit from, any rate or tax which may be increased, reduced or in any way affected by those proceedings.
(2) In this section “ rate or tax ” means any rate, tax, duty or liability, whether public, general or local, and includes—
(a) any fund formed from the proceeds of any such rate, tax, duty or liability; and
(b) any fund applicable for purposes the same as, or similar to, those for which the proceeds of any such rate, tax, duty or liability are or might be applied.
(1) The Court of Appeal shall be a superior court of record.
(2) Subject to the provisions of this Act, there shall be exercisable by the Court of Appeal—
(a) all such jurisdiction (whether civil or criminal) as is conferred on it by this or any other Act; and
(b) all such other jurisdiction (whether civil or criminal) as was exercisable by it immediately before the commencement of this Act.
(3) For all purposes of or incidental to—
(a) the hearing and determination of any appeal to the civil division of the Court of Appeal; and
(b) the amendment, execution and enforcement of any judgment or order made on such an appeal,
the Court of Appeal shall have all the authority and jurisdiction of the court or tribunal from which the appeal was brought.
(4) It is hereby declared that any provision in this or any other Act which authorises or requires the taking of any steps for the execution or enforcement of a judgment or order of the High Court applies in relation to a judgment or order of the civil division of the Court of Appeal as it applies in relation to a judgment or order of the High Court.
(1) Subject as otherwise provided by this or any other Act (and in particular to the provision in section 13(2)(a) of the Administration of Justice Act 1969 excluding appeals to the Court of Appeal in cases where leave to appeal from the High Court directly to the Supreme Court is granted under Part II of that Act), or as provided by any order made by the Lord Chancellor under section 56(1) of the Access to Justice Act 1999, or as provided by any order made by the Lord Chancellor under section 56(1) of the Access to Justice Act 1999, the Court of Appeal shall have jurisdiction to hear and determine appeals from any judgment or order of the High Court.
(2) An appeal from a judgment or order of the High Court when acting as a prize court shall not be to the Court of Appeal, but shall be to Her Majesty in Council in accordance with the Prize Acts 1864 to 1944.
(1) Where any cause or matter, or any issue in any cause or matter, has been tried in the High Court, any application for a new trial thereof, or to set aside a verdict, finding or judgment therein, shall be heard and determined by the Court of Appeal except where rules of court made in pursuance of subsection (2) provide otherwise.
(2) As regards cases where the trial was by a judge alone and no error of the court at the trial is alleged, or any prescribed class of such cases, rules of court may provide that any such application as is mentioned in subsection (1) shall be heard and determined by the High Court.
(3) Nothing in this section shall alter the practice in bankruptcy.
(1) No appeal shall lie to the Court of Appeal—
(a) except as provided by the Administration of Justice Act 1960, from any judgment of the High Court in any criminal cause or matter;
(b) from any order of the High Court or any other court or tribunal allowing an extension of time for appealing from a judgment or order;
(c) from any order, judgment or decision of the High Court or any other court or tribunal which, by virtue of any provision (however expressed) of this or any other Act, is final;
(ca) from a refusal of permission to apply for judicial review in a case within section 13 or 118 of the Planning Act 2008 (proceedings relating to national policy statements or development consent), if the High Court decides that the application for permission to apply for judicial review is totally without merit;
(d) from a decree absolute of divorce or nullity of marriage, by a party who, having had time and opportunity to appeal from the decree nisi on which that decree was founded, has not appealed from the decree nisi;
(da) from a divorce order or nullity of marriage order that has been made final, by a party who, having had time and opportunity to appeal from the conditional order on which that final order was founded, has not appealed from the conditional order;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(fa) from a dissolution order, nullity order or presumption of death order under Chapter 2 of Part 2 of the Civil Partnership Act 2004 that has been made final, by a party who, having had time and opportunity to appeal from the conditional order on which that final order was founded, has not appealed from the conditional order;
(g) from a decision of the High Court under Part 1 of the Arbitration Act 1996 in a case where that Part makes provision about appeals from the decision, except in accordance with that provision;
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The High Court shall be a superior court of record.
(2) Subject to the provisions of this Act, there shall be exercisable by the High Court—
(a) all such jurisdiction (whether civil or criminal) as is conferred on it by this or any other Act; and
(b) all such other jurisdiction (whether civil or criminal) as was exercisable by it immediately before the commencement of this Act (including jurisdiction conferred on a judge of the High Court by any statutory provision).
(3) Any jurisdiction of the High Court shall be exercised only by a single judge of that court, except in so far as it is—
(a) by or by virtue of rules of court or any other statutory provision required to be exercised by a divisional court; or
(b) by rules of court made exercisable by a master, registrar or other officer of the court, or by any other person.
(4) The specific mention elsewhere in this Act of any jurisdiction covered by subsection (2) shall not derogate from the generality of that subsection.
(1) The Admiralty jurisdiction of the High Court shall be as follows, that is to say—
(a) jurisdiction to hear and determine any of the questions and claims mentioned in subsection (2);
(b) jurisdiction in relation to any of the proceedings mentioned in subsection (3);
(c) any other Admiralty jurisdiction which it had immediately before the commencement of this Act; and
(d) any jurisdiction connected with ships or aircraft which is vested in the High Court apart from this section and is for the time being by rules of court made or coming into force after the commencement of this Act assigned to the Queen’s Bench Division and directed by the rules to be exercised by the Admiralty Court.
(2) The questions and claims referred to in subsection (1)(a) are—
(a) any claim to the possession or ownership of a ship or to the ownership of any share therein;
(b) any question arising between the co-owners of a ship as to possession, employment or earnings of that ship;
(c) any claim in respect of a mortgage of or charge on a ship or any share therein;
(d) any claim for damage received by a ship;
(e) any claim for damage done by a ship;
(f) any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or in consequence of the wrongful act, neglect or default of—
(i) the owners, charterers or persons in possession or control of a ship; or
(ii) the master or crew of a ship, or any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible,
being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship, or in the embarkation, carriage or disembarkation of persons on, in or from the ship;
(g) any claim for loss of or damage to goods carried in a ship;
(h) any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;
(j) any claim—
(i) under the Salvage Convention 1989;
(ii) under any contract for or in relation to salvage services; or
(iii) in the nature of salvage not falling within (i) or (ii) above;
or any corresponding claim in connection with an aircraft;
(k) any claim in the nature of towage in respect of a ship or an aircraft;
(l) any claim in the nature of pilotage in respect of a ship or an aircraft;
(m) any claim in respect of goods or materials supplied to a ship for her operation or maintenance;
(n) any claim in respect of the construction, repair or equipment of a ship or in respect of dock charges or dues;
(o) any claim by a master or member of the crew of a ship for wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages);
(p) any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship;
(q) any claim arising out of an act which is or is claimed to be a general average act;
(r) any claim arising out of bottomry;
(s) any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for droits of Admiralty.
(3) The proceedings referred to in subsection (1)(b) are—
(a) any application to the High Court under the Merchant Shipping Acts 1894 to 1979 other than an application under the Merchant Shipping Act 1995 ;
(b) any action to enforce a claim for damage, loss of life or personal injury arising out of—
(i) a collision between ships; or
(ii) the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships; or
(iii) non-compliance, on the part of one or more of two or more ships, with the collision regulations;
(c) any action by shipowners or other persons under the Merchant Shipping Act 1995 for the limitation of the amount of their liability in connection with a ship or other property.
(4) The jurisdiction of the High Court under subsection (2)(b) includes power to settle any account outstanding and unsettled between the parties in relation to the ship, and to direct that the ship, or any share thereof, shall be sold, and to make such other order as the court thinks fit.
(5) Subsection (2)(e) extends to—
(a) any claim in respect of a liability incurred under the Chapter III of Part VI of the Merchant Shipping Act 1995 ; and
(b) any claim in respect of a liability falling on the International Oil Pollution Compensation Fund, or on the International Oil Compensation Fund 1984, under Chapter IV of Part VI of the Merchant Shipping Act 1995, or on the International Oil Pollution Compensation Supplementary Fund 2003, .
(6) In subsection (2)(j)—
(a) the “ Salvage Convention 1989 ” means the International Convention on Salvage, 1989 as it has effect under section 224 of the Merchant Shipping Act 1995 ;
(b) the reference to salvage services includes services rendered in saving life from a ship and the reference to any claim under any contract for or in relation to salvage services includes any claim arising out of such a contract whether or not arising during the provision of the services;
(c) the reference to a corresponding claim in connection with an aircraft is a reference to any claim corresponding to any claim mentioned in sub-paragraph (i) or (ii) of paragraph (j) which is available under section 87 of the Civil Aviation Act 1982.
(7) The preceding provisions of this section apply—
(a) in relation to all ships or aircraft, whether British or not and whether registered or not and wherever the residence or domicile of their owners may be;
(b) in relation to all claims, wherever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land); and
(c) so far as they relate to mortgages and charges, to all mortgages or charges, whether registered or not and whether legal or equitable, including mortgages and charges created under foreign law:
Provided that nothing in this subsection shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the Merchant Shipping Act 1995 .
(1) Subject to section 22, an action in personam may be brought in the High Court in all cases within the Admiralty jurisdiction of that court.
(2) In the case of any such claim as is mentioned in section 20(2)(a), (c) or (s) or any such question as is mentioned in section 20(2)(b), an action in rem may be brought in the High Court against the ship or property in connection with which the claim or question arises.
(3) In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, an action in rem may be brought in the High Court against that ship, aircraft or property.
(4) In the case of any such claim as is mentioned in section 20(2)(e) to (r), where—
(a) the claim arises in connection with a ship; and
(b) the person who would be liable on the claim in an action in personam (“the relevant person”) was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship,
an action in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought in the High Court against—
(i) that ship, if at the time when the action is brought the relevant person is either the beneficial owner of that ship as respects all the shares in it or the charterer of it under a charter by demise; or
(ii) any other ship of which, at the time when the action is brought, the relevant person is the beneficial owner as respects all the shares in it.
(5) In the case of a claim in the nature of towage or pilotage in respect of an aircraft, an action in rem may be brought in the High Court against that aircraft if, at the time when the action is brought, it is beneficially owned by the person who would be liable on the claim in an action in personam.
(6) Where, in the exercise of its Admiralty jurisdiction, the High Court orders any ship, aircraft or other property to be sold, the court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale.
(7) In determining for the purposes of subsections (4) and (5) whether a person would be liable on a claim in an action in personam it shall be assumed that he has his habitual residence or a place of business within England or Wales.
(8) Where, as regards any such claim as is mentioned in section 20(2)(e) to (r), a ship has been served with a writ or arrested in an action in rem brought to enforce that claim, no other ship may be served with a writ or arrested in that or any other action in rem brought to enforce that claim; but this subsection does not prevent the issue, in respect of any one such claim, of a writ naming more than one ship or of two or more writs each naming a different ship.
(1) This section applies to any claim for damage, loss of life or personal injury arising out of—
(a) a collision between ships; or
(b) the carrying out of, or omission to carry out, a manoeuvre in the case of one or more of two or more ships; or
(c) non-compliance, on the part of one or more of two or more ships, with the collision regulations.
(2) The High Court shall not entertain any action in personam to enforce a claim to which this section applies unless—
(a) the defendant has his habitual residence or a place of business within England or Wales; or
(b) the cause of action arose within inland waters of England or Wales or within the limits of a port of England or Wales; or
(c) an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court.
In this subsection—
“ inland waters ” includes any part of the sea adjacent to the coast of the United Kingdom certified by the Secretary of State to be waters falling by international law to be treated as within the territorial sovereignty of Her Majesty apart from the operation of that law in relation to territorial waters;
“ port ” means any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under an Act to make charges in respect of ships entering it or using the facilities therein, and “ limits of a port ” means the limits thereof as fixed by or under the Act in question or, as the case may be, by the relevant charter or custom;
“ charges ” means any charges with the exception of light dues, local light dues and any other charges in respect of lighthouses, buoys or beacons and of charges in respect of pilotage.
(3) The High Court shall not entertain any action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside England and Wales against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end.
(4) Subsections (2) and (3) shall apply to counterclaims (except counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions, the references to the plaintiff and the defendant being for this purpose read as references to the plaintiff on the counterclaim and the defendant to the counterclaim respectively.
(5) Subsections (2) and (3) shall not apply to any action or counterclaim if the defendant thereto submits or has agreed to submit to the jurisdiction of the court.
(6) Subject to the provisions of subsection (3), the High Court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in subsection (2)(a) to (c) is satisfied, and the rules of court relating to the service of process outside the jurisdiction shall make such provision as may appear to the rule-making authority to be appropriate having regard to the provisions of this subsection.
(7) Nothing in this section shall prevent an action which is brought in accordance with the provisions of this section in the High Court being transferred, in accordance with the enactments in that behalf, to some other court.
(8) For the avoidance of doubt it is hereby declared that this section applies in relation to the jurisdiction of the High Court not being Admiralty jurisdiction, as well as in relation to its Admiralty jurisdiction.
The High Court shall not have jurisdiction to determine any claim or question certified by the Secretary of State to be a claim or question which, under the Rhine Navigation Convention, falls to be determined in accordance with the provisions of that Convention; and any proceedings to enforce such a claim which are commenced in the High Court shall be set aside.
(1) In sections 20 to 23 and this section, unless the context otherwise requires—
“ collision regulations ” means safety regulations under section 85 of the Merchant Shipping Act 1995 ;
“ goods ” includes baggage;
“ master ” has the same meaning as in the Merchant Shipping Act 1995 , and accordingly includes every person (except a pilot) having command or charge of a ship;
“ the Rhine Navigation Convention ” means the Convention of the 7th October 1868 as revised by any subsequent Convention;
“ ship ” includes any description of vessel used in navigation and (except in the definition of “ port ” in section 22(2) and in subsection (2)(c) of this section) includes, subject to section 2(3) of the Hovercraft Act 1968, a hovercraft;
“ towage ” and “ pilotage ”, in relation to an aircraft, mean towage and pilotage while the aircraft is water-borne.
(2) Nothing in sections 20 to 23 shall—
(a) be construed as limiting the jurisdiction of the High Court to refuse to entertain an action for wages by the master or a member of the crew of a ship, not being a British ship;
(b) affect the provisions of section 226 of the Merchant Shipping Act 1995 (power of a receiver of wreck to detain a ship in respect of a salvage claim); or
(c) authorise proceedings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any of Her Majesty’s ships or Her Majesty’s aircraft, or, subject to section 2(3) of the Hovercraft Act 1968, Her Majesty’s hovercraft, or of any cargo or other property belonging to the Crown.
(3) In this section—
“ Her Majesty’s ships ” and “ Her Majesty’s aircraft ” have the meanings given by section 38(2) of the Crown Proceedings Act 1947;
“ Her Majesty’s hovercraft ” means hovercraft belonging to the Crown in right of Her Majesty’s Government in the United Kingdom or Her Majesty’s Government in Northern Ireland.
(1) Subject to the provisions of Part V, the High Court shall, in accordance with section 19(2), have the following probate jurisdiction, that is to say all such jurisdiction in relation to probates and letters of administration as it had immediately before the commencement of this Act, and in particular all such contentious and non-contentious jurisdiction as it then had in relation to—
(a) testamentary causes or matters;
(b) the grant, amendment or revocation of probates and letters of administration; and
(c) the real and personal estate of deceased persons.
(2) Subject to the provisions of Part V, the High Court shall, in the exercise of its probate jurisdiction, perform all such duties with respect to the estates of deceased persons as fell to be performed by it immediately before the commencement of this Act.
The High Court shall, in accordance with section 19(2), have all such jurisdiction in relation to matrimonial causes and matters as was immediately before the commencement of the Matrimonial Causes Act 1857 vested in or exercisable by any ecclesiastical court or person in England or Wales in respect of—
(a) divorce a mensa et thoro (renamed judicial separation by that Act);
(b) nullity of marriage . . . ; and
(c) any matrimonial cause or matter except marriage licences.
The High Court shall, in accordance with section 19(2), have as a prize court—
(a) all such jurisdiction as is conferred on it by the Prize Acts 1864 to 1944 (in which references to the High Court of Admiralty are by virtue of paragraph 1 of Schedule 4 to this Act to be construed as references to the High Court); and
(b) all such other jurisdiction on the high seas and elsewhere as it had as a prize court immediately before the commencement of this Act.
(1) Subject to subsection (2), any order, judgment or other decision of the Crown Court may be questioned by any party to the proceedings, on the ground that it is wrong in law or is in excess of jurisdiction, by applying to the Crown Court to have a case stated by that court for the opinion of the High Court.
(2) Subsection (1) shall not apply to—
(a) a judgment or other decision of the Crown Court relating to trial on indictment; or
(b) any decision of that court under . . . . . . . . . or the Local Government (Miscellaneous Provisions) Act 1982 which, by any provision of any of those Acts, is to be final.
(3) Subject to the provisions of this Act and to rules of court, the High Court shall, in accordance with section 19(2), have jurisdiction to hear and determine—
(a) any application, or any appeal (whether by way of case stated or otherwise), which it has power to hear and determine under or by virtue of this or any other Act; and
(b) all such other appeals as it had jurisdiction to hear and determine immediately before the commencement of this Act.
(4) In subsection (2)(a) the reference to a decision of the Crown Court relating to trial on indictment does not include a decision relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 .
(1) This section applies where a case is stated for the opinion of the High Court—
(a) by a magistrates’ court under section 111 of the Magistrates’ Courts Act 1980; or
(b) by the Crown Court under section 28(1) of this Act.
(2) The High Court may, if it thinks fit, cause the case to be sent back for amendment and, where it does so, the case shall be amended accordingly.
(3) The High Court shall hear and determine the question arising on the case (or the case as amended) and shall—
(a) reverse, affirm or amend the determination in respect of which the case has been stated; or
(b) remit the matter to the magistrates’ court, or the Crown Court, with the opinion of the High Court,
and may make such other order in relation to the matter (including as to costs) as it thinks fit.
(4) Except as provided by the Administration of Justice Act 1960 (right of appeal to Supreme Court in criminal cases), a decision of the High Court under this section is final.
(1) The orders of mandamus, prohibition and certiorari shall be known instead as mandatory, prohibiting and quashing orders respectively.
(1A) The High Court shall have jurisdiction to make mandatory, prohibiting and quashing orders in those classes of case in which, immediately before 1st May 2004, it had jurisdiction to make orders of mandamus, prohibition and certiorari respectively.
(2) Every such order shall be final, subject to any right of appeal therefrom.
(3) In relation to the jurisdiction of the Crown Court, other than its jurisdiction in matters relating to trial on indictment, the High Court shall have all such jurisdiction to make mandatory, prohibiting or quashing orders as the High Court possesses in relation to the jurisdiction of an inferior court.
(3A) The High Court shall have no jurisdiction to make mandatory, prohibiting or quashing orders in relation to the jurisdiction of the Court Martial in matters relating to—
(a) trial by the Court Martial for an offence; or
(b) appeals from the Service Civilian Court.
(4) The power of the High Court under any enactment to require justices of the peace or a judge or officer of the county court to do any act relating to the duties of their respective offices, or to require a magistrates’ court to state a case for the opinion of the High Court, in any case where the High Court formerly had by virtue of any enactment jurisdiction to make a rule absolute, or an order, for any of those purposes, shall be exercisable by mandatory order .
(5) In any statutory provision—
(a) references to mandamus or to a writ or order of mandamus shall be read as references to a mandatory order;
(b) references to prohibition or to a writ or order of prohibition shall be read as references to a prohibiting order;
(c) references to certiorari or to a writ or order of certiorari shall be read as references to a quashing order; and
(d) references to the issue or award of a writ of mandamus, prohibition or certiorari shall be read as references to the making of the corresponding mandatory, prohibiting or quashing order.
(6) In subsection (3) the reference to the Crown Court’s jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to requirements to make payments under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 .
(1) A quashing order may include provision—
(a) for the quashing not to take effect until a date specified in the order, or
(b) removing or limiting any retrospective effect of the quashing.
(2) Provision included in a quashing order under subsection (1) may be made subject to conditions.
(3) If a quashing order includes provision under subsection (1) (a) , the impugned act is (subject to any conditions under subsection (2) ) upheld until the quashing takes effect.
(4) If a quashing order includes provision under subsection (1) (b) , the impugned act is (subject to any conditions under subsection (2)) upheld in any respect in which the provision under subsection (1) (b) prevents it from being quashed.
(5) Where (and to the extent that) an impugned act is upheld by virtue of subsection (3) or (4) , it is to be treated for all purposes as if its validity and force were, and always had been, unimpaired by the relevant defect.
(6) Provision under subsection (1) (a) does not limit any retrospective effect of a quashing order once the quashing takes effect (including in relation to the period between the making of the order and the taking effect of the quashing); and subsections (3) and (5) are to be read accordingly.
(7) Section 29(2) does not prevent the court from varying a date specified under subsection (1) (a) .
(8) In deciding whether to exercise a power in subsection (1) , the court must have regard to—
(a) the nature and circumstances of the relevant defect;
(b) any detriment to good administration that would result from exercising or failing to exercise the power;
(c) the interests or expectations of persons who would benefit from the quashing of the impugned act;
(d) the interests or expectations of persons who have relied on the impugned act;
(e) so far as appears to the court to be relevant, any action taken or proposed to be taken, or undertaking given, by a person with responsibility in connection with the impugned act;
(f) any other matter that appears to the court to be relevant.
(9) In this section—
“ impugned act ” means the thing (or purported thing) being quashed by the quashing order;
“ relevant defect ” means the defect, failure or other matter on the ground of which the court is making the quashing order.
(1) Where a person not entitled to do so acts in an office to which this section applies, the High Court may—
(a) grant an injunction restraining him from so acting; and
(b) if the case so requires, declare the office to be vacant.
(2) This section applies to any substantive office of a public nature and permanent character which is held under the Crown or which has been created by any statutory provision or royal charter.
(1) An application to the High Court for one or more of the following forms of relief, namely—
(a) a mandatory, prohibiting or quashing order;
(b) a declaration or injunction under subsection (2); or
(c) an injunction under section 30 restraining a person not entitled to do so from acting in an office to which that section applies,
shall be made in accordance with rules of court by a procedure to be known as an application for judicial review.
(2) A declaration may be made or an injunction granted under this subsection in any case where an application for judicial review, seeking that relief, has been made and the High Court considers that, having regard to—
(a) the nature of the matters in respect of which relief may be granted by mandatory, prohibiting or quashing orders ;
(b) the nature of the persons and bodies against whom relief may be granted by such orders; and
(c) all the circumstances of the case,
it would be just and convenient for the declaration to be made or the injunction to be granted, as the case may be.
(2A) The High Court—
(a) must refuse to grant relief on an application for judicial review, and
(b) may not make an award under subsection (4) on such an application,
if it appears to the court to be highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred.
(2B) The court may disregard the requirements in subsection (2A)(a) and (b) if it considers that it is appropriate to do so for reasons of exceptional public interest.
(2C) If the court grants relief or makes an award in reliance on subsection (2B), the court must certify that the condition in subsection (2B) is satisfied.
(3) No application for judicial review shall be made unless the leave of the High Court has been obtained in accordance with rules of court; and the court shall not grant leave to make such an application unless it considers that the applicant has a sufficient interest in the matter to which the application relates.
(3C) When considering whether to grant leave to make an application for judicial review, the High Court—
(a) may of its own motion consider whether the outcome for the applicant would have been substantially different if the conduct complained of had not occurred, and
(b) must consider that question if the defendant asks it to do so.
(3D) If, on considering that question, it appears to the High Court to be highly likely that the outcome for the applicant would not have been substantially different, the court must refuse to grant leave.
(3E) The court may disregard the requirement in subsection (3D) if it considers that it is appropriate to do so for reasons of exceptional public interest.
(3F) If the court grants leave in reliance on subsection (3E), the court must certify that the condition in subsection (3E) is satisfied.
(4) On an application for judicial review the High Court may award to the applicant damages, restitution or the recovery of a sum due if—
(a) the application includes a claim for such an award arising from any matter to which the application relates; and
(b) the court is satisfied that such an award would have been made if the claim had been made in an action begun by the applicant at the time of making the application.
(5) If, on an application for judicial review, the High Court makes a quashing order in respect of the decision to which the application relates, it may in addition—
(a) remit the matter to the court, tribunal or authority which made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the High Court, or
(b) substitute its own decision for the decision in question.
(5A) But the power conferred by subsection (5)(b) is exercisable only if—
(a) the decision in question was made by a court or tribunal,
(b) the quashing order is made on the ground that there has been an error of law, and
(c) without the error, there would have been only one decision which the court or tribunal could have reached.
(5B) Unless the High Court otherwise directs, a decision substituted by it under subsection (5)(b) has effect as if it were a decision of the relevant court or tribunal.
(6) Where the High Court considers that there has been undue delay in making an application for judicial review, the court may refuse to grant—
(a) leave for the making of the application; or
(b) any relief sought on the application,
if it considers that the granting of the relief sought would be likely to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to good administration.
(7) Subsection (6) is without prejudice to any enactment or rule of court which has the effect of limiting the time within which an application for judicial review may be made.
(8) In this section “ the conduct complained of ”, in relation to an application for judicial review, means the conduct (or alleged conduct) of the defendant that the applicant claims justifies the High Court in granting relief.
(1) This section applies where an application is made to the High Court—
(a) for judicial review, or
(b) for permission to apply for judicial review.
(2) If Conditions 1, 2 and 3 are met, the High Court must by order transfer the application to the Upper Tribunal.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If Conditions 1 and 2 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.
(4) Condition 1 is that the application does not seek anything other than—
(a) relief under section 31(1)(a) and (b);
(b) permission to apply for relief under section 31(1)(a) and (b);
(c) an award under section 31(4);
(d) interest;
(e) costs.
(5) Condition 2 is that the application does not call into question anything done by the Crown Court.
(6) Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) As regards proceedings pending in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to make an order requiring a party to the proceedings to make an interim payment of such amount as may be specified in the order, with provision for the payment to be made to such other party to the proceedings as may be so specified or, if the order so provides, by paying it into court.
(2) Any rules of court which make provision in accordance with subsection (1) may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules.
(3) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.
(4) Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs.
(5) In this section “ interim payment ”, in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the court in the proceedings is given or made in favour of that other party.
(1) This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.
(2) Subject to subsection (4) below, as regards any action for damages to which this section applies in which a judgment is given in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to award the injured person—
(a) damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and
(b) further damages at a future date if he develops the disease or suffers the deterioration.
(3) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.
(4) Nothing in this section shall be construed—
(a) as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs; or
(b) as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.
(1) On the application of any person in accordance with rules of court, the High Court shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters, that is to say—
(a) the inspection, photographing, preservation, custody and detention of property which appears to the court to be property which may become the subject-matter of subsequent proceedings in the High Court, or as to which any question may arise in any such proceedings; and
(b) the taking of samples of any such property as is mentioned in paragraph (a), and the carrying out of any experiment on or with any such property.
(2) On the application, in accordance with rules of court, of a person who appears to the High Court to be likely to be a party to subsequent proceedings in that court . . . the High Court shall, in such circumstances as may be specified in the rules, have power to order a person who appears to the court to be likely to be a party to the proceedings and to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising or likely to arise out of that claim—
(a) to disclose whether those documents are in his possession, custody or power; and
(b) to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order—
(i) to the applicant’s legal advisers; or
(ii) to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or
(iii) if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.
(3) This section applies in relation to the family court as it applies in relation to the High Court.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) On the application, in accordance with rules of court, of a party to any proceedings to which this section applies , the High Court shall, in such circumstances as may be specified in the rules, have power to order a person who is not a party to the proceedings and who appears to the court to be likely to have in his possession, custody or power any documents which are relevant to an issue arising out of the said claim—
(a) to disclose whether those documents are in his possession, custody or power; and
(b) to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order—
(i) to the applicant’s legal advisers; or
(ii) to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or
(iii) if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.
(3) On the application, in accordance with rules of court, of a party to any proceedings to which this section applies , the High Court shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters, that is to say—
(a) the inspection, photographing, preservation, custody and detention of property which is not the property of, or in the possession of, any party to the proceedings but which is the subject-matter of the proceedings or as to which any question arises in the proceedings;
(b) the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.
(4) The preceding provisions of this section are without prejudice to the exercise by the High Court of any power to make orders which is exercisable apart from those provisions.
(5) Subsections (2) and (3) apply in relation to the family court as they apply in relation to the High Court.
(1) A court shall not make an order under section 33 or 34 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.
(2) Rules of court may make provision as to the circumstances in which an order under section 33 or 34 can be made; and any rules making such provision may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.
(3) Without prejudice to the generality of subsection (2), rules of court shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 33(2) or 34 incurred by the person against whom the order is sought shall be awarded to that person unless the court otherwise directs.
(4) Sections 33(2) and 34 and this section bind the Crown; and section 33(1) binds the Crown so far as it relates to property as to which it appears to the court that it may become the subject-matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person’s death.
In this subsection references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.
(5) In sections 32A, 33 and 34 and this section—
“ property ” includes any land, chattel or other corporeal property of any description;
“ personal injuries ” includes any disease and any impairment of a person’s physical or mental condition.
(1) Subject to rules of court, in proceedings (whenever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—
(a) in the case of any sum paid before judgment, the date of the payment; and
(b) in the case of the sum for which judgment is given, the date of the judgment.
(2) In relation to a judgment given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect—
(a) with the substitution of “shall be included” for “may be included”; and
(b) with the addition of “unless the court is satisfied that there are special reasons to the contrary” after “given”, where first occurring.
(3) Subject to rules of court, where—
(a) there are proceedings (whenever instituted) before the High Court for the recovery of a debt; and
(b) the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),
the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.
(4) Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.
(5) Without prejudice to the generality of section 84, rules of court may provide for a rate of interest by reference to the rate specified in section 17 of the Judgments Act 1838 as that section has effect from time to time or by reference to a rate for which any other enactment provides.
(6) Interest under this section may be calculated at different rates in respect of different periods.
(7) In this section “ plaintiff ” means the person seeking the debt or damages and “ defendant ” means the person from whom the plaintiff seeks the debt or damages and “ personal injuries ” includes any disease and any impairment of a person’s physical or mental condition.
(8) Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.
(1) If in any cause or matter in the High Court it appears to the court that it is proper to compel the personal attendance at any trial of a witness who may not be within the jurisdiction of the court, it shall be lawful for the court, if in the discretion of the court it seems fit so to do, to order that a writ of subpoena ad testificandum or writ of subpoena duces tecum shall issue in special form commanding the witness to attend the trial wherever he shall be within the United Kingdom; and the service of any such writ in any part of the United Kingdom shall be as valid and effectual for all purposes as if it had been served within the jurisdiction of the High Court.
(2) Every such writ shall have at its foot a statement to the effect that it is issued by the special order of the High Court, and no such writ shall issue without such a special order.
(3) If any person served with a writ issued under this section does not appear as required by the writ, the High Court, on proof to the satisfaction of the court of the service of the writ and of the default, may transmit a certificate of the default under the seal of the court or under the hand of a judge of the court—
(a) if the service was in Scotland, to the Court of Session at Edinburgh; or
(b) if the service was in Northern Ireland, to the High Court of Justice in Northern Ireland at Belfast;
and the court to which the certificate is sent shall thereupon proceed against and punish the person in default in like manner as if that person had neglected or refused to appear in obedience to process issued out of that court.
(4) No court shall in any case proceed against or punish any person for having made such default as aforesaid unless it is shown to the court that a reasonable and sufficient sum of money to defray
(a) the expenses of coming and attending to give evidence and of returning from giving evidence; and
(b) any other reasonable expenses which he has asked to be defrayed in connection with his evidence,
was tendered to him at the time when the writ was served upon him.
(5) Nothing in this section shall affect—
(a) the power of the High Court to issue a commission for the examination of witnesses out of the jurisdiction of the court in any case in which, notwithstanding this section, the court thinks fit to issue such a commission; or
(b) the admissibility at any trial of any evidence which, if this section had not been enacted, would have been admissible on the ground of a witness being outside the jurisdiction of the court.
(6) In this section references to attendance at a trial include references to attendance before an examiner or commissioner appointed by the High Court in any cause or matter in that court, including an examiner or commissioner appointed to take evidence outside the jurisdiction of the court.
(1) The High Court may by order (whether interlocutory or final) grant an injunction or appoint a receiver in all cases in which it appears to the court to be just and convenient to do so.
(2) Any such order may be made either unconditionally or on such terms and conditions as the court thinks just.
(3) The power of the High Court under subsection (1) to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction of the High Court, or otherwise dealing with, assets located within that jurisdiction shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled, resident or present within that jurisdiction.
(4) The power of the High Court to appoint a receiver by way of equitable execution shall operate in relation to all legal estates and interests in land; and that power—
(a) may be exercised in relation to an estate or interest in land whether or not a charge has been imposed on that land under section 1 of the Charging Orders Act 1979 for the purpose of enforcing the judgment, order or award in question; and
(b) shall be in addition to, and not in derogation of, any power of any court to appoint a receiver in proceedings for enforcing such a charge.
(5) Where an order under the said section 1 imposing a charge for the purpose of enforcing a judgment, order or award has been, or has effect as if, registered under section 6 of the Land Charges Act 1972, subsection (4) of the said section 6 (effect of non-registration of writs and orders registrable under that section) shall not apply to an order appointing a receiver made either—
(a) in proceedings for enforcing the charge; or
(b) by way of equitable execution of the judgment, order or award or, as the case may be, of so much of it as requires payment of moneys secured by the charge.
(6) This section applies in relation to the family court as it applies in relation to the High Court.
(1) In any action in the High Court for the forfeiture of a lease for non-payment of rent, the court shall have power to grant relief against forfeiture in a summary manner, and may do so subject to the same terms and conditions as to the payment of rent, costs or otherwise as could have been imposed by it in such an action immediately before the commencement of this Act.
(2) Where the lessee or a person deriving title under him is granted relief under this section, he shall hold the demised premises in accordance with the terms of the lease without the necessity for a new lease.
(1) Where the High Court or family court has given or made a judgment or order directing a person to execute any conveyance, contract or other document, or to indorse any negotiable instrument, then, if that person—
(a) neglects or refuses to comply with the judgment or order; or
(b) cannot after reasonable inquiry be found,
that court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed, or that the negotiable instrument shall be indorsed, by such person as the court may nominate for that purpose.
(2) A conveyance, contract, document or instrument executed or indorsed in pursuance of an order under this section shall operate, and be for all purposes available, as if it had been executed or indorsed by the person originally directed to execute or indorse it.
(1) Subject to any order for the time being in force under subsection (4), this section applies to any deposit account, and any withdrawable share account, with a deposit-taker
(2) In determining whether, for the purposes of the jurisdiction of the High Court to attach debts for the purpose of satisfying judgments or orders for the payment of money, a sum standing to the credit of a person in an account to which this section applies is a sum due or accruing to that person and, as such, attachable in accordance with rules of court, any condition mentioned in subsection (3) which applies to the account shall be disregarded.
(3) Those conditions are—
(a) any condition that notice is required before any money or share is withdrawn;
(b) any condition that a personal application must be made before any money or share is withdrawn;
(c) any condition that a deposit book or share-account book must be produced before any money or share is withdrawn; or
(d) any other prescribed condition.
(4) The Lord Chancellor may by order make such provision as he thinks fit, by way of amendment of this section or otherwise, for all or any of the following purposes, namely—
(a) including in, or excluding from, the accounts to which this section applies accounts of any description specified in the order;
(b) excluding from the accounts to which this section applies all accounts with any particular deposit-taker so specified or with any deposit-taker of a description so specified.
(5) Any order under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(6) “Deposit-taker” means a person who may, in the course of his business, lawfully accept deposits in the United Kingdom.
(7) Subsection (6) must be read with—
(a) section 22 of the Financial Services and Markets Act 2000;
(b) any relevant order under that section; and
(c) Schedule 2 to that Act.
(1) Where an interim third party debt order made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on a deposit-taker, it may, subject to the provisions of this section, deduct from the relevant debt or debts an amount not exceeding the prescribed sum towards its administrative and clerical expenses in complying with the order; and the right . . . to make a deduction under this subsection shall be exercisable as from the time the interim third party debt order is served on it.
(1A) In subsection (1) “ the relevant debt or debts ”, in relation to an interim third party debt order served on a deposit-taker , means the amount, as at the time the order is served on it , of the debt or debts of which the whole or a part is expressed to be attached by the order.
(1B) A deduction may be made under subsection (1) in a case where the amount referred to in subsection (1A) is insufficient to cover both the amount of the deduction and the amount of the judgment debt and costs in respect of which the attachment was made, notwithstanding that the benefit of the attachment to the creditor is reduced as a result of the deduction.
(2) An amount may not in pursuance of subsection (1) be deducted or, as the case may be, retained in a case where, by virtue of section 346 of the Insolvency Act 1986 or section 183 of the Insolvency Act 1986 or otherwise, the creditor is not entitled to retain the benefit of the attachment.
(3) In this section—
“ deposit-taker ” has the given by section 40(6); and
“ prescribed ” means prescribed by an order made by the Lord Chancellor.
(4) An order under this section—
(a) may make different provision for different cases; . . .
(b) without prejudice to the generality of paragraph ( a ) of this subsection, may prescribe sums differing according to the amount due under the judgment or order to be satisfied.
(c) may provide for this section not to apply to deposit-takers of any prescribed description.
(5) Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Subject to the provisions of this section, no minor shall be made a ward of court except by virtue of an order to that effect made by the High Court.
(2) Where an application is made for such an order in respect of a minor, the minor shall become a ward of court on the making of the application, but shall cease to be a ward of court at the end of such period as may be prescribed unless within that period an order has been made in accordance with the application.
(2A) Subsection (2) does not apply with respect to a child who is the subject of a care order (as defined by section 105 of the Children Act 1989).
(3) The High Court may, either upon an application in that behalf or without such an application, order that any minor who is for the time being a ward of court shall cease to be a ward of court.
(1) If, on an application made by the Attorney General under this section, the High Court is satisfied that any person has habitually and persistently and without any reasonable ground—
(a) instituted vexatious civil proceedings, whether in the High Court or the family court or any inferior court, and whether against the same person or against different persons; or
(b) made vexatious applications in any civil proceedings, whether in the High Court or the family court or any inferior court, and whether instituted by him or another, or
(c) instituted vexatious prosecutions (whether against the same person or different persons),
the court may, after hearing that person or giving him an opportunity of being heard, make a civil proceedings order, a criminal proceedings order or an all proceedings order.
(1A) In this section—
“ civil proceedings order ” means an order that—
(a) no civil proceedings shall without the leave of the High Court be instituted in any court by the person against whom the order is made;
(b) any civil proceedings instituted by him in any court before the making of the order shall not be continued by him without the leave of the High Court; and
(c) no application (other than one for leave under this section) shall be made by him, in any civil proceedings instituted in any court by any person, without the leave of the High Court;
“ criminal proceedings order ” means an order that—
(a) no information shall be laid before a justice of the peace by the person against whom the order is made without the leave of the High Court; and
(b) no application for leave to prefer a bill of indictment shall be made by him without the leave of the High Court; and
“ all proceedings order ” means an order which has the combined effect of the two other orders.
(2) An order under subsection (1) may provide that it is to cease to have effect at the end of a specified period, but shall otherwise remain in force indefinitely.
(3) Leave for the institution or continuance of, or for the making of an application in, any civil proceedings by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the High Court is satisfied that the proceedings or application are not an abuse of the process of the court in question and that there are reasonable grounds for the proceedings or application.
(3A) Leave for the laying of an information or for an application for leave to prefer a bill of indictment by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the High Court is satisfied that the institution of the prosecution is not an abuse of the criminal process and that there are reasonable grounds for the institution of the prosecution by the applicant.
(4) No appeal shall lie from a decision of the High Court refusing leave required by virtue of this section .
(5) A copy of any order made under subsection (1) shall be published in the London Gazette.
(1) Where a person who has been sentenced for an offence—
(a) by a magistrates’ court; or
(b) by the Crown Court after being convicted of the offence by a magistrates’ court and committed to the Crown Court for sentence; or
(c) by the Crown Court on appeal against conviction or sentence,
applies to the High Court in accordance with section 31 for an a quashing order to remove the proceedings of the magistrates’ court or the Crown Court into the High Court, then, if the High Court determines that the magistrates’ court or the Crown Court had no power to pass the sentence, the High Court may, instead of quashing the conviction, amend it by substituting for the sentence passed any sentence which the magistrates’ court or, in a case within paragraph (b), the Crown Court had power to impose.
(2) Any sentence passed by the High Court by virtue of this section in substitution for the sentence passed in the proceedings of the magistrates’ court or the Crown Court shall, unless the High Court otherwise directs, begin to run from the time when it would have begun to run if passed in those proceedings; but in computing the term of the sentence, any time during which the offender was released on bail in pursuance of section 37(1)(d) of the Criminal Justice Act 1948 shall be disregarded.
(3) Subsections (1) and (2) shall, with the necessary modifications, apply in relation to any order of a magistrates’ court or the Crown Court which is made on, but does not form part of, the conviction of an offender as they apply in relation to a conviction and sentence.
In any cause or matter proceeding in the High Court in connection with any contract incorporating an arbitration agreement which confers specific powers upon the arbitrator, the High Court may, if all parties to the agreement agree, exercise any such powers.
Senior Courts Act 1981 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/ukpga-1981-54
Contains public sector information licensed under the Open Government Licence v3.0.
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