High Court of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England,[2] together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes.
This article is about the court of England and Wales. For high courts in general, see High court. For the court that tried King Charles I, see High Court of Justice (1649). For other uses, see High Court of Justice (disambiguation).High Court of Justice
1 November 1875[1]
Strand, City of Westminster, London
- Supreme Court of Judicature Act 1873
- Supreme Court of Judicature Act 1875
- Supreme Court of Judicature Act 1877
- Supreme Court of Judicature Act 1891
- Criminal Appeal Act 1907
- Supreme Court of Judicature (Consolidation) Act 1925
- Supreme Court of Judicature (Amendment) Act 1935
- Supreme Court of Judicature (Amendment) Act 1938
- Supreme Court of Judicature (Amendment) Act 1944
- Supreme Court of Judicature (Amendment) Act 1959
- Senior Courts Act 1981
- Constitutional Reform Act 2005
The High Court deals at first instance with all high-value and high-importance civil law (non-criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective.[3]
The High Court consists of three divisions: the King's Bench Division, the Chancery Division and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged into the single High Court by the 19th-century Judicature Acts, but are mainly driven by the usual nature of their work, for example, conflicting evidence of fact is quite commonly given in person in the King's Bench Division, but evidence by affidavit is more usual in the Chancery Division which is primarily concerned with points of law.
Most High Court proceedings are heard by a single judge, but certain kinds of proceedings, especially in the King's Bench Division, are assigned to a divisional court—a bench of two or more judges. Exceptionally the court may sit with a jury, but in practice normally only in defamation cases or cases against the police. Litigants are normally represented by counsel but may be represented by solicitors qualified to hold a right of audience, or they may act in person.
In principle, the High Court is bound by its own previous decisions, but there are conflicting authorities as to what extent this is so. Appeal from the High Court in civil matters normally lies to the Court of Appeal, and thence in cases of importance to the Supreme Court (the House of Lords before 2009); in some cases a "leapfrog" appeal may be made directly to the Supreme Court. In criminal matters, appeals from the King's Bench Divisional Court are made directly to the Supreme Court.
The High Court is based at the Royal Courts of Justice on the Strand in the City of Westminster, London. It has district registries across England and Wales; almost all High Court proceedings may be issued and heard at a district registry.
Historically the ultimate source of all justice in England was the monarch. All judges sit in judgment on the monarch's behalf (hence they have the royal coat of arms displayed behind them) and criminal prosecutions are generally made in the monarch's name. Historically, local magnates administered justice in manorial courts and other ways. Inevitably, the justice administered was patchy and appeals were made direct to the monarch. The monarch's travelling representatives (whose primary purpose was tax collection) acted on behalf of the monarch to make the administration of justice more even .
The tradition continues of judges travelling around the country in set 'circuits', where they hear cases in the 'district registries' of the High Court. The 'main' High Court (in the City of Westminster, London) is not itself a High Court district registry.[18]
The High Court previously divided England and Wales into six circuits namely the Midlands, Northern England, North Eastern England, South Eastern England, Wales (including Cheshire), and Western England.[19] Since 2005, the High Court has used seven circuits, listed below, which are identical to the Crown Court regions.[20][21]
Costs Office[edit]
The Senior Courts Costs Office, which quantifies legal costs pursuant to orders for costs, serves all divisions. The Costs Office is part of the High Court,[22] so generally all detailed assessment proceedings commenced in the Costs Office are subject to provisional assessment.[23] Exceptions from provisional assessment are detailed assessment proceedings in which the costs claimed are large (greater than £75,000) or in which the potential paying party does not respond to the notice of assessment.