The Administration of Civil Justice in England and Wales - 1st Edition - ISBN: 9780081036907, 9781483138893

The Administration of Civil Justice in England and Wales

1st Edition

The Commonwealth and International Library: Pergamon Modern Legal Outlines

Authors: R. W. Vick C. F. Shoolbred
Editors: W. A. J. Farndale
eBook ISBN: 9781483138893
Imprint: Pergamon
Published Date: 1st January 1968
Page Count: 302
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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

Details

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

About the Author

R. W. Vick

C. F. Shoolbred

About the Editor

W. A. J. Farndale