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High Court of Justice

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High Court of Justice
Court nameHigh Court of Justice
CaptionThe Royal Courts of Justice on the Strand, the principal seat of the High Court.
Established0 1875
CountryEngland and Wales
LocationRoyal Courts of Justice, London; District registries across England and Wales
AuthoritySenior Courts Act 1981
Appeals toCourt of Appeal
Appeals fromCounty Court; various tribunals and inferior courts
ChiefjudgenameThe President of the King's Bench Division
Termstart1 October 2023

High Court of Justice. The High Court of Justice is one of the Senior Courts of England and Wales and serves as a major civil court of first instance and a superior court of record. It forms part of the Courts of England and Wales and is based primarily at the Royal Courts of Justice in London, with district registries operating throughout England and Wales. The court handles a wide variety of cases, including complex commercial disputes, judicial review claims against public bodies, and serious personal injury litigation.

History

The court was established in 1875 under the Judicature Acts, which fundamentally reformed the English court system by merging the previously separate courts of Chancery, King's Bench, Common Pleas, Exchequer, and others. This fusion of common law and equity was a landmark achievement of the Victorian era legal reforms championed by figures like Lord Selborne. The court initially sat at Westminster Hall before moving to its current purpose-built home, the Royal Courts of Justice, designed by George Edmund Street and opened by Queen Victoria in 1882. Its structure and jurisdiction have been subsequently governed by statutes including the Supreme Court of Judicature Act 1925 and the Senior Courts Act 1981.

Jurisdiction and functions

The court possesses unlimited original jurisdiction in civil matters and also exercises supervisory jurisdiction through the process of judicial review over inferior courts, tribunals, and other public bodies such as local authorities and government departments like the Home Office. It hears appeals on points of law from the County Court, the Magistrates' Courts, and various tribunals including the First-tier Tribunal. Its work encompasses diverse areas including contract law, tort law, company law, insolvency, family law (until the creation of the Family Court), and chancery matters like trusts and probate.

Structure and divisions

The High Court is organised into three main divisions: the King's Bench Division, the Chancery Division, and the Family Division. The King's Bench Division, the largest, is headed by the President of the King's Bench Division and contains specialised courts such as the Commercial Court, the Admiralty Court, and the Administrative Court. The Chancery Division, led by the Chancellor of the High Court, deals with business, property, and financial matters, and includes the Companies Court and the Patents Court. The Family Division, under the President of the Family Division, now primarily deals with remaining high-level family law cases. Each division has its own registry and specific procedural rules.

Judges and officers

Judges of the High Court are styled as Justices of the High Court and are addressed as "My Lord" or "My Lady". They are appointed by the King on the advice of the Lord Chancellor following recommendation by the Judicial Appointments Commission. By statute, there must be a maximum of 108 such judges. The most senior judges are the Heads of Division, including the Lord Chief Justice. Other key officers include the Master of the Rolls, the Senior Master of the King's Bench Division, and the Queen's Bench Masters who handle interim and procedural matters. The court is also served by the Official Solicitor and the King's Proctor.

Notable cases

The court has been the venue for many landmark rulings that have shaped English law. Significant cases include the Belmarsh detainees case concerning the Anti-terrorism, Crime and Security Act 2001, the litigation surrounding the Community Charge, and the high-profile commercial dispute in Berezovsky v Abramovich. In constitutional law, cases like R (Miller) v Secretary of State for Exiting the European Union (the first Miller case) and the subsequent litigation over the prorogation of Parliament have had profound political impact. The court also hears major inquiries, such as the Leveson Inquiry into the culture of the British press.

Relationship with other courts

The High Court stands above inferior courts like the County Court and the Magistrates' Courts, whose decisions it can review or hear appeals from. Its decisions are generally subject to appeal to the Court of Appeal (Civil Division). On matters of great public or legal importance, a Leapfrog appeal may go directly to the Supreme Court of the United Kingdom. It works alongside other senior courts, including the Crown Court, which handles serious criminal matters, and the Court of Protection. The High Court's Administrative Court maintains a close relationship with the Upper Tribunal, to which certain judicial review jurisdictions have been transferred.

Category:High Court of Justice Category:Senior Courts of England and Wales Category:Courts of England and Wales Category:1875 establishments in the United Kingdom