King's Bench Division
King's Bench Division | |
---|---|
Established | 1 November 1875 |
Jurisdiction | England and Wales |
Location | Rolls Building, City of London, London |
Appeals to | Court of Appeal (civil matters) Supreme Court (criminal matter) |
Appeals from | Crown Court Magistrates' courts |
President | |
Currently | Victoria Sharp |
Since | 23 June 2019 |
Vice-President | |
Currently | James Dingemans |
Since | 5 February 2020 |
Senior Master and King's Remembrancer | |
Currently | Jeremy Cook |
Since | 18 September 2023[1] |
This article is part of the series: Courts of England and Wales |
Law of England and Wales |
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The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts.
It hears appeals on points of law from magistrates' courts[a] and from the Crown Court.[b] These are known as appeals by way of case stated, since the questions of law are considered solely on the basis of the facts found and stated by the authority under review.
Specialised courts of the King's Bench Division include the Administrative Court, Technology and Construction Court, Commercial Court, and the Admiralty Court. The specialised judges and procedures of these courts are tailored to their type of business, but they are not essentially different from any other court of the King's Bench Division.
Appeals from the High Court in civil matters are made to the
History
In England and Wales, the Court of King's Bench (or Court of Queen's Bench) was the name of two courts. Each was a senior court of common law, with civil and criminal jurisdiction, and a specific jurisdiction to restrain unlawful actions by public authorities.
The Court of King's Bench grew out of the King's Court, or
It was recorded in the chronicle of
In 1215, Magna Carta provided that there should be a court – the Common Bench (later Court of Common Pleas), which met in a fixed place – and, by 1234, two distinct series of plea rolls existed: de banco – those from the Common Bench – and coram rege (Latin for "in the presence of the King") – for those from the King's Bench. The King's Bench, being a theoretically movable court, was excluded from hearing common pleas, which included all praecipe actions for the recovery of property or debt. Actions of trespass and replevin were shared between the two benches. In practice pleas of the Crown were heard only in the King's Bench.
The King's Bench was divided into two parts: the Crown side, which had an unlimited criminal jurisdiction, both at first instance or as a court to which legal questions arising out of indictments in other courts could be referred; and the plea side, which dealt with actions of trespass, appeals of felony, and writs of error. The
The King's Bench became a fixed court sitting in Westminster Hall. Its justices travelled on circuit, a requirement of Magna Carta. By a legal fiction, criminal cases to be heard in the shires were set down for trial in Westminster Hall "unless before" (nisi prius) the justice came to the county, which was where the trial actually took place.
During the Commonwealth of England, from 1649 to 1660, the court was known as the Upper Bench.[2]
The English Court of King's Bench was abolished in 1875 by the Supreme Court of Judicature Act 1873. The Court's jurisdiction passed in each case to a new High Court of Justice and specifically to the King's Bench Division of that court.
The court gave its name to London's King's Bench Prison, in which many defendants were subsequently incarcerated, and to King's Bench Walk in the Inner Temple.
-
An illuminated initial membrane, with portrait of Elizabeth I, Court of King's Bench: Coram Rege Roll (Easter Term, 1584)
Subdivisions
Administrative Court
The Administrative Court deals mainly with
The Administrative Court may sit with a single judge or as a
Commercial Court
The Commercial Court is a major
History
The Commercial Court was set up in 1895 following demands from the City of London and the business community for a tribunal or court staffed by judges with knowledge and experience of commercial disputes which could determine such disputes expeditiously and economically, thereby avoiding tediously long and expensive trials with verdicts given by judges or juries unfamiliar with business practices.
The commercial list was originally heard by two judges of the King's Bench Division with the appropriate knowledge and experience. As the work of the Court has expanded, eight judges now sit in the Court.[6]
Function
The current work of the Commercial Court entails all aspects of commercial disputes, in the fields of banking and finance, disputes over contracts and business documents,
It is also a major centre for international disputes. Over 70% of the court's workload involves foreign parties where the only connection with the jurisdiction is the choice of
Judges
Eight specialist judges sit in the Court at any one time. They are drawn from a list of those authorised due to their specialist knowledge and expertise.[6] The current Judge in Charge of the Commercial Court is Dame Sara Cockerill.[9]
Financial List
From October 2015, the Commercial Court and the Chancery Division have maintained the Financial List for cases which would benefit from being heard by judges with suitable expertise and experience in the financial markets or which raise issues of general importance to the financial markets. The procedure was introduced to enable fast, efficient and high quality dispute resolution of claims related to the financial markets.[10]
Technology and Construction Court
The Civil Procedure Rules, which regulate civil procedure in the High Court, allocate non-exhaustive categories of work to the Technology and Construction Court (TCC), principally, as the name suggests, disputes in the areas of construction and technology.[11]
However, since its formation in its current guise in October 1998, the court's jurisdiction has expanded such that many civil claims which are factually or technically complex are now heard in the TCC, beyond its traditional case load. For example, large-scale group personal injury claims are heard by the court, as are disputes arising out of the EU's public procurement regime.
The court's reputation has steadily grown over the years, such that it is now regarded as a highly capable and knowledgeable court. Its case load has dramatically increased since 1998, both in the form of traditional litigation and through assisted methods of alternative dispute resolution. In 2011, the court moved its central location from its aged buildings in Fetter Lane to the newly constructed £200m Rolls Building.[12][13]
History
The court was known until 9 October 1998 as the Official Referees' Court, a name which reflected its old status as a tribunal with no jurisdiction per se, but which could report to judges on its findings.[14] The new court, which was founded under the leadership of Mr Justice Dyson (later the Master of the Rolls), aimed to rid the perception this created that the court was not equal to others in the King's Bench Division. When opening the new court, Dyson said the new changes were "of real significance", and included technological advancements to aid the court's running, such as a centralised listing system.[14]
With the introduction of the new Civil Procedure Rules on 26 April 1999 following Lord Woolf's report, the TCC's caseload dropped slightly as a result of the new Rules' focus on alternative dispute resolution. This meant fewer claims were issued: previously, claims had been issued as a matter of course as part of the negotiation process.[15]
The proliferation of adjudication following its introduction in the Construction Act 1996 also led to fewer disputes going before the court, but did give the court a new role in enforcing adjudication decisions. The Construction Act gives parties to a "construction contract" a right to refer matters to adjudicators, with the aim of aiding cash flow in the construction sector by allowing disputes to be settled without the need for lengthy and costly court proceedings.[16] Changes to the Construction Act 1996 brought in by the Local Democracy, Economic Development and Construction Act 2009 are likely to see even more disputes referred to adjudication before reaching the TCC.[17]
The Arbitration Act 1996 had a similar effect as adjudication. Such was the effect on the number of cases being brought before the TCC, extra capacity meant that TCC judges could act as judge-arbitrators, utilising their experience and knowledge while contributing to the CPR's goals in reducing litigation costs.[15]
Jurisdiction
The TCC deals primarily with litigation of disputes arising in the field of technology and construction. It includes building, engineering and technology disputes,
The work of the TCC often involves both complex legal argument and heavyweight technical issues, and as a result TCC judges try some of the most arduous and complex disputes that come before the civil courts. The sums at issue can be large, often involving millions of pounds, although there is in theory at least no minimum sum to be claimed (as, under the CPR, the court has wide powers to assert jurisdiction over claims it feels are appropriate). Cases can last several days and involve mountains of paperwork and expert evidence.[19]
Court locations
TCC cases are managed and heard by specialist judges in London and at centres throughout
In April 2011, the court moved its central location from its aged building in Fetter Lane to a purpose-built building on Fetter Lane, the Rolls Building, not far from the Royal Courts of Justice in London. The court shares the building with other divisional courts of the King's Bench and Chancery Divisions. As well as its London location, where most cases (including those with an international element) are heard after being started or transferred there, claims can be issued and heard at any of the following regional court centres:
- Birmingham (full-time TCC judge available)
- Bristol
- Cardiff
- Chester
- Exeter
- Leeds
- Liverpool (full-time TCC judge available)
- Manchester (full-time TCC judge available)
- Newcastle
- Nottingham
TCC authorised judges are also available at Leicester, Sheffield and Southampton, although claims cannot be issued there.[22]
Admiralty Court
England's admiralty courts date to at least the 1360s, during the reign of
From its inception in 1483 until 1657 the court sat in a disused church in
During the period after the
The colonists' objections were based on several factors. The courts could try a case anywhere in the British Empire. Cases involving New York or Boston merchants were frequently heard in Nova Scotia and sometimes even in England. The fact that judges were paid based in part on the fines that they levied and naval officers were paid for bringing "successful" cases led to abuses. There was no trial by jury, and evidence standards were lower than in criminal courts, the latter requiring proof "beyond reasonable doubt". The government's objective was to improve the effectiveness of revenue and excise tax laws. In many past instances, smugglers would avoid taxes. Even when they were caught and brought to trial, local judges frequently acquitted the popular local merchants whom they perceived as being unfairly accused by an unpopular tax collector.
In 1875, the High Court of Admiralty governing England and Wales was absorbed into the new
In
Leadership
President
Until 2005, the head of the Division was the
List of presidents
- 3 October 2005: Sir Igor Judge[29]
- 1 October 2008: Sir Anthony May[30]
- 3 October 2011: Sir John Thomas[31]
- 1 October 2013: Sir Brian Leveson[32]
- 23 June 2019: Dame Victoria Sharp[33]
Vice-President
The office of Vice-President of the King's Bench Division predates the separation of the division's presidency from the office of Lord Chief Justice. In 1988, the Lord Chief Justice,
List of vice-presidents
- 1997: Sir Paul Kennedy[36]
- February 2002: Sir Anthony May[37][38]
- October 2008: Sir John Thomas[39]
- 3 October 2011: Dame Heather Hallett[40]
- 4 March 2014: Sir Nigel Davis[41]
- 1 January 2016 Dame Victoria Sharp[33]
- 5 February 2020 Sir James Dingemans[42]
See also
- Lord Chief Justice
- Master of the Rolls
- President of the Family Division
- Chancellor of the High Court
References
- ^ "https://www.judiciary.uk/appointments-and-retirements/senior-master-of-the-kings-bench-division-cook/". Court and Tribunals Judiciary. 24 August 2023. Retrieved 1 November 2023.
{{cite web}}
: External link in
(help)|title=
- ^ 'House of Commons Journal Volume 6: 10 February 1649' Journal of the House of Commons: volume 6: 1648–1651 (1802), pp. 136–38. Accessed 26 April 2007.
- ^ "Administrative Court". GOV.UK. Retrieved 29 November 2022.
- ^ [1] History of the Commercial Court. Judiciary.gov.uk
- ^ "Admiralty and Commercial Court - Find a Court or Tribunal - GOV.UK". www.find-court-tribunal.service.gov.uk. Retrieved 30 November 2022.
- ^ a b "About Us". www.judiciary.gov.uk. Retrieved 31 January 2017.
- ^ "Commercial Court".
- ^ "City UK Legal Services Report 2016" (PDF). Archived from the original (PDF) on 29 September 2017.
- ^ "Judges & clerks".
- ^ Authorised Guide to the Financial List, 1 October 2015
- OCLC 69331809.
- ^ "The Changing Face of Dispute Resolution". einsidetrack. December 2010. Retrieved 30 January 2011.
- ^ "A royal opening for the Rolls Building".
- ^ a b "Official Referee's Court is now TCC". The Times. 13 October 1998. Retrieved 30 January 2011.
- ^ a b "Acceptance of adjudication helps big cut in construction's litigation workload". International Construction Review. 5 April 2006. Retrieved 30 January 2011.
- ^ "Arbitration is learning from adjudication". Atkinson Law. 14 August 2004. Retrieved 30 January 2011.
- ^ "Adjudication: caught in the Act?". The In-House Lawyer. 9 July 2010. Retrieved 30 January 2011.
- ^ "The Technology and Construction Court Guide" (PDF). Second Edition, Second Revision. October 2010.
{{cite journal}}
: Cite journal requires|journal=
(help) - ^ Linklaters Business Services v. Sir Robert McAlpine Ltd and ors (Technology and Construction Court 3 November 2010), Text.
- ^ "New Judge in Charge of the Technology and Construction Court". judiciary.uk. 2 March 2020.
- ^ https://tecbar.org/the-tcc/ [dead link]
- ^ "The Technology and Construction Court". Retrieved 30 January 2011.
- .
- ^ a b Sainty 1975, p95
- ^ Sainty 1975, pp. 95, 131
- ^ Wiswall 1970, p.77
- ^ a b "Constitutional Reform Act 2005 (c. 4)". Opsi.gov.uk. 24 March 2005. Retrieved 13 March 2009.
- ^ "NDS – News Distribution Service". Gnn.gov.uk. 15 August 2008. Retrieved 13 March 2009.[permanent dead link]
- ^ "No. 57779". The London Gazette. 5 October 2005. p. 12927.
- ^ "No. 58843". The London Gazette. 6 October 2008. p. 15222.
- ^ "No. 59931". The London Gazette. 6 October 2011. p. 19091.
- ^ "No. 60644". The London Gazette. 1 October 2013. p. 19289.
- ^ a b "Appointment of the President of the Queen's Bench Division". www.judiciary.uk. Retrieved 5 July 2019.
- ^ a b House of Lords Debates 28 January 1999 c 1244–45.
- ^ a b Access to Justice Act 1999, s 69.
- ^ Swaine, Jon (2 December 2009). "MPs expenses: Profile of Sir Paul Kennedy, new judge of allowance claims". The Telegraph. Retrieved 14 October 2012.
- ^ "Appointments to Queen's Bench Division of the High Court and Lord Justice of Appeal" (Press release). Number10.gov.uk. 4 September 2008. Archived from the original on 20 January 2009.
- ^ "Lord Justice May to replace Kennedy". Legal Week (subscription required). 9 August 2001.
May is to replace Lord Justice Kennedy in the role. The appointment will come into effect in February 2002...
- ^ Rozenberg, Joshua (12 October 2012). "A Who's Hughes of the number twos". The Telegraph.
- ^ "Appointment of Vice-President of the Queen's Bench Division and Deputy Senior Presiding Judge" (Press release). Judiciary of England and Wales. 27 July 2011. Archived from the original on 18 December 2012.
- ^ "New Vice President of the Queen's Bench Division Appointed" (Press release). Courts and Tribunals Judiciary of England and Wales. 14 March 2014. Archived from the original on 22 May 2014.
- ^ Vice-President of the Queen’s Bench Division
Notes
- ^ See Challenges to decisions of England and Wales magistrates' courts.
- ^ See Courts of England and Wales for an explanation of these courts.
- ^ An exception was Judge Humphrey Henchman, appointed in June 1714 by direction of the Board of Admiralty, rather than the monarch. Henchman served for six months and was removed from office in December 1714.[25]