High Court of Justice facts for kids

Quick facts for kids High Court of Justice
Royal coat of arms of the United Kingdom
Established	1 November 1875
Jurisdiction	England and Wales
Location	Strand, City of Westminster, London
Authorized by	Statute 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
Appeals to	Court of Appeal Supreme Court

The High Court of Justice is a very important court in London. It is officially called His Majesty's High Court of Justice in England. This court works alongside the Court of Appeal and the Crown Court. Together, they form the main courts of England and Wales. You might see its name shortened to EWHC when people refer to it in legal documents.

The High Court handles important and high-value civil law cases. Civil law deals with disagreements between people or organisations, not criminal cases. This court is usually the first place these cases are heard. It also checks on most other lower courts and tribunals to make sure they are following the law.

The High Court has three main parts, called divisions: the King's Bench Division, the Chancery Division, and the Family Division. Sometimes, their jobs overlap. A case might even be moved from one division to another if it makes more sense. The way each division works is a bit different. This is partly because of their history and partly because of the types of cases they usually handle. For example, in the King's Bench Division, people often give evidence in person. But in the Chancery Division, which focuses more on legal rules, written statements are more common.

Most cases in the High Court are heard by a single judge. However, some cases, especially in the King's Bench Division, are heard by a "divisional court." This means two or more judges hear the case together. Very rarely, the court might even have a jury, usually for cases about defamation (damaging someone's reputation) or cases against the police. People in court are usually represented by lawyers, but they can also represent themselves.

The High Court generally tries to follow its own past decisions. If you lose a civil case in the High Court, you can usually appeal to the Court of Appeal. From there, very important cases can go to the Supreme Court. Sometimes, an appeal can go directly from the High Court to the Supreme Court. For criminal matters, appeals from the King's Bench Divisional Court go straight to the Supreme Court.

The High Court is located at the Royal Courts of Justice on the Strand in the City of Westminster, London. It also has local offices, called "district registries," all across England and Wales. Most High Court cases can be started and heard in these local offices.

Court History

The Royal Courts of Justice on the Strand in the City of Westminster

The High Court of Justice was created in 1875. This happened because of a law called the Supreme Court of Judicature Act 1873. This law brought together eight older English courts into one new system. These old courts included the Court of Chancery and the Court of King's Bench.

The new system was called the Supreme Court of Judicature. Today, it is known as the Senior Courts of England and Wales. This new Supreme Court was split into two main parts. One part was the Court of Appeal, which heard appeals. The other part was the High Court, which heard cases for the first time.

Court Divisions

When it first started, the High Court had five divisions. These were the King's Bench, Common Pleas, Exchequer, Chancery, and Probate, Divorce and Admiralty divisions. In 1880, the Common Pleas and Exchequer divisions were removed. This left three divisions. The Probate, Divorce and Admiralty Division was later renamed the Family Division in 1970. Its responsibilities were also changed.

Today, the High Court has three divisions: the King's Bench Division, the Chancery Division, and the Family Division. A list of all the cases being heard in these divisions is published every day.

King's Bench Division

The King's Bench Division (KBD) handles many different types of common law cases. Common law is a system of law based on past court decisions. This division also has a special job of supervising other courts. It includes smaller, specialized courts like the Administrative Court and the Commercial Court.

Before 2005, the Lord Chief Justice of England and Wales was in charge of this division. After 2005, a new role was created called the President of the Queen's Bench Division. (It's called Queen's Bench when the monarch is female).

Chancery Division

The Chancery Division deals with important areas of law. These include business law, trusts (where one person holds property for another), and land law. It also handles cases about probate (dealing with a deceased person's property) and insolvency (when someone cannot pay their debts).

This division has special courts for patents (new inventions) and company law. All appeals about taxes also go to the Chancery Division.

Before 2005, the Lord Chancellor was technically in charge of the Chancery Division. However, a Vice-Chancellor usually did the day-to-day work. In 2005, the Vice-Chancellor's role was renamed to Chancellor of the High Court. This person is now the official head of the division.

From October 2015, the Chancery Division and the Commercial Court started a "Financial List." This list is for cases that need judges with special knowledge of financial markets. It helps to resolve financial disputes quickly and fairly.

Business and Property Courts

In 2017, the High Court created the Business and Property Courts. These courts bring together many specialist areas of law. They include areas from the King's Bench Division, like the Admiralty Court (for shipping cases) and the Commercial Court. They also include areas from the Chancery Division, such as business, company, and intellectual property law.

This change helps judges who are experts in business and property law to work across different specialist courts. It makes sure that complex cases are heard by judges with the right experience.

Family Division

The Family Division handles very personal matters. These include divorce, issues about children, and decisions about medical treatment. While these decisions are often private, they can be very important. For example, this division once allowed a hospital to separate conjoined twins even though the parents disagreed. It also made a famous decision in 2002 about a patient's right to refuse life-saving treatment.

The Family Division also deals with all cases about children's well-being. It has special power over "wardship" cases, where the court becomes the legal guardian of a child. The head of this division is called the President of the Family Division.

The Family Division is quite new compared to other parts of the High Court. In 1971, it was renamed from the "Probate, Divorce and Admiralty Division." This older name was sometimes jokingly called "The Court of Wills, Wives and Wrecks" because it dealt with wills, divorces, and shipping accidents.

Court Sittings

The High Court works during four traditional periods each year. These periods are called sittings:

• Michaelmas: From October 1st to December 21st.
• Hilary: From January 11th to the Wednesday before Easter.
• Easter: From the second Tuesday after Easter to the Friday before the Spring bank holiday (the last Monday in May).
• Trinity: From the second Tuesday after the spring holiday to July 31st.

Court Judges

The judges of the High Court are often called High Court judges. In court, they are formally addressed as "The Honourable Mr(s) Justice (First Name) Last Name." In writing, this is shortened to "Last Name J." When you speak to them in court, you should say My Lord or My Lady.

High Court judges are usually knighted when they are appointed. So, outside of court, you might address them as Sir First Name or Dame First Name. They are sometimes called red judges because of the colour of their special robes. This is different from junior judges, who wear purple robes.

There are also other judges in the High Court called Masters. They are addressed as 'Master' (no matter their gender) or 'Judge'. They wear dark blue gowns with pink details. In the Chancery Division, there are also Insolvency and Companies Court Judges. They handle most cases about insolvency and company law. They also wear dark blue gowns with pink details and are called 'Judge' in court.

High Court judges, Insolvency and Companies Court Judges, and Masters are chosen by the King. This is based on recommendations from the Judicial Appointments Commission. This group chooses qualified lawyers for these roles. The government and Parliament must protect the independence of judges. High Court judges can only be removed from their job before retirement if both Houses of Parliament agree.

Sometimes, other qualified people, like retired judges or barristers, are appointed to be temporary judges. They hear specific cases and are addressed like full High Court judges. Insolvency and Companies Court Judges and Masters also conduct trials in London. They have similar powers to full High Court judges for trials, but they don't hear criminal cases or judicial reviews.

High Court judges also work in the Crown Court. This court hears more serious criminal cases. However, High Court judges only hear the most serious and important cases. Most criminal cases in the Crown Court are heard by other judges.

Court Locations and Circuits

In the past, the King or Queen was the ultimate source of all justice in England. Judges still act on behalf of the monarch. That's why you see the royal coat of arms behind them in court. Long ago, local leaders handled justice in their areas. But this was not always fair, so people would appeal directly to the monarch. The monarch's representatives would travel around the country to make justice more consistent.

This tradition continues today. Judges travel around the country in set areas called 'circuits'. They hear cases in local offices of the High Court, which are called 'district registries'. The main High Court in London is not itself a district registry.

Before 2005, England and Wales were divided into six circuits. Since 2005, the High Court has used seven circuits. These are the same areas used by the Crown Court:

• London, which covers the Greater London area.
• Midlands, covering the East Midlands and West Midlands regions, plus parts of Lincolnshire.
• North East England, covering the North East England and Yorkshire and the Humber regions, minus parts of Lincolnshire.
• North West England, covering the North West England region.
• South East England, covering the East of England and South East England regions, minus Hampshire and the Isle of Wight.
• South West England, covering the South West England region, plus Hampshire and the Isle of Wight.
• Wales, covering all of Wales.

Costs Office

The Senior Courts Costs Office is a part of the High Court. Its job is to figure out how much legal costs should be paid after a court order. Most cases handled by this office go through a "provisional assessment." This means the costs are checked quickly. However, if the costs are very high (over £75,000) or if the person who might pay doesn't respond, a more detailed check is done.

See also

• High Court enforcement officer