The Administration of Civil Justice in England and Wales

The Administration of Civil Justice in England and Wales

The Commonwealth and International Library: Pergamon Modern Legal Outlines

1st Edition - January 1, 1968

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  • Authors: R. W. Vick, C. F. Shoolbred
  • eBook ISBN: 9781483138893

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Description

The Administration of Civil Justice in England and Wales provides information of how both criminal and civil law is administered. This book discusses the jurisdiction and composition of the country courts, civil work of the magistrates' courts, as well as of the High Court of Justice. Organized into 12 chapters, this book begins with an overview of the historical origins from which the modern courts have emerged. This text then explains the various strata of courts, namely country courts, magistrates' courts, the Court of Justice including its various divisions, and the appeal facilities that are available to litigants. Other chapters consider the different administrative tribunals and inquiries. The final chapter deals with the costs and the availability of legal aid and advice. This book is a valuable resource for readers who are interested in the administration of civil and criminal justice. Law students and newly qualified practitioners will also find this book useful.

Table of Contents


  • Foreword

    Editorial Foreword

    Preface

    Table of Courts having Civil Jurisdiction in England and Wales

    1. Historical Introduction

    Shire Court

    Hundred Moot

    Norman Courts

    King's Courts

    Courts of Common Pleas and King's Bench

    Assize Courts

    Court of Exchequer Chamber

    Court of Admiralty

    The Writ System

    The Growth of Equity

    Chancery Procedure

    The Ecclesiastical Courts

    Divorce

    Probate

    The Common Law

    Statute Law

    Construction of Statutes

    Doctrine of Judicial Precedent

    The Modern Doctrine of Judicial Precedent

    The Law Commission

    2. Solicitors

    The Law Society

    Education and Examinations

    Articles and Training

    Roll

    Practising Certificates

    Discipline

    Duties to Client

    Branches of Work

    Partnership

    Retainers

    Compensation Fund

    Remuneration of Solicitors

    Costs

    Commissioner for Oaths and Public Notary

    Legal Aid

    3. Barristers-at-Law

    Origin of Terms "Barrister" and "Bar"

    Serjeants-at-Law

    Education

    Examinations

    Inns of Court

    Call to the Bar

    Pupillage

    Chambers

    Clerks

    Outer Bar

    Queen's Counsel

    Etiquette

    Discipline

    Judicial Appointments

    4. Magistrates' Courts Civil Jurisdiction

    Domestic Courts

    Matrimonial

    Consent to Marriage of an Infant

    Affiliation

    Guardianship of Infants

    Adult Courts

    Civil Debts

    Abatement of Nuisance

    Ejectment

    Juvenile Courts

    Adoption

    Care, Protection, or Control

    Education Act Cases—School Attendance

    5. County Courts

    County Courts Acts

    County Court Judges

    Registrars

    Jurisdiction of Registrars

    Practice and Procedure

    Jurisdiction of County Courts

    Trial in County Courts

    Default Actions

    Pleadings in County Court Actions

    Right of Appeal

    Transfer

    From County Court to County Court

    From County Court to High Court

    Costs

    Execution

    Judgment Summons

    6. The High Court of Justice

    Effects of the Judicature Acts

    Rules of the Supreme Court

    Divisions of the High Court

    Divisional Courts

    The Judges

    Official Referees

    Officials of the Court

    Masters

    Registrars

    Mental Health Act, 1959

    Restrictive Practices Court

    Organization

    The Judges

    The Masters and Registrars

    Jurisdiction

    Types of Civil Action

    Contract

    Tort

    Law of Property

    Allocation of Business

    Table Showing Qualifications for Offices in the High Court

    7. Appellate Jurisdiction of the Supreme Court

    The Supreme Court

    Appeals from Masters and Registrars

    Appeals from Official Referees

    Appeals from the Judge in Chambers

    Queen's Bench Division

    Chancery and Probate, Divorce, and Admiralty Divisions

    Appeals to Divisional Courts

    Queen's Bench Divisional Court

    Appeals from Divisional Courts

    Appeals to the Court of Appeal

    Constitution

    Civil Jurisdiction, Powers and Procedure of the Court of Appeal

    House of Lords

    Hearing of Appeals

    Method of Giving Judgment

    Security for Costs

    Judicial Committee of the Privy Council

    Jurisdiction

    Law Reports

    Shorthand Notes

    8. Palatine Court—Liverpool Court of Passage

    Chancery Court of the County Palatine of Lancaster

    Liverpool Court of Passage

    9. High Court Practice and Procedure

    The Issue of Proceedings

    Interlocutory Proceedings

    Applications to the Master

    Interlocutory Injunctions

    Joinder of Causes of Action and Parties

    Infants and Mentally Disordered Patients

    Steps in Common Law Action

    Writ of Summons

    Service of Writ

    Defendant's Appearance

    Order 14

    Pleadings

    Statement of Claim

    Defence and Counterclaim

    Defence

    Counterclaim

    Reply and Defence to Counterclaim

    Reply

    Defence to Counterclaim

    Close of Pleadings

    The Defendant's Case

    Striking Out

    Further and Better Particulars

    Defence and Counterclaim

    Third Parties

    Security for Costs

    Payment into Court

    Tender

    Discovery of Documents

    Summons for Directions

    Setting Down

    Lists of Actions

    10. Trial in the High Court

    Final Preparations

    Briefing Counsel

    Parties to an Action

    Opening by Plaintiff

    Submission by Defence

    Conduct of Defence and Counterclaim

    Summing Up and Judgment

    Running-Down Actions

    Costs

    Payment into Court

    Trial by Jury

    Right of Appeal

    Forms of Pleadings

    (a) In an Action for Sale of Goods

    (b) In an Action Claiming Damages for Negligence

    11· Tribunals and Inquiries

    Introduction

    Ministerial Decisions and Inquiries

    Compulsory Purchase

    Town and Country Planning

    Tribunals

    Land

    Transport

    Industry

    Public Service

    Social Security

    Supervision by the High Court

    Powers of Review

    Review of Administrative Acts

    The Ombudsman or Parliamentary Commissioner

    Tribunals of Inquiry

    12· Costs of Litigation—Legal Aid

    Magistrates' Courts

    Quarter Sessions

    County Courts

    Actions Remitted from High Court

    Security for Costs

    Taxation

    High Court of Justice

    Security for Costs

    Taxing Masters

    Allocatur

    House of Lords

    Taxation of Costs

    Legal Aid

    Financial Conditions

    Legal Advice

    Matters not Involving Litigation

    Cost to Exchequer

    Solicitors and Counsel

    Functions of the Law Society

    Regulations

    Legal Aid Act, 1964

    Table of Statutes

    Index

Product details

  • No. of pages: 302
  • Language: English
  • Copyright: © Pergamon 1968
  • Published: January 1, 1968
  • Imprint: Pergamon
  • eBook ISBN: 9781483138893

About the Authors

R. W. Vick

C. F. Shoolbred

About the Editor

W. A. J. Farndale

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