High Court Jurisdiction

The High Court is a superior court of record having jurisdiction in all matters on which it historically has jurisdiction and all matters conferred by statute. The Lord Chief Justice may assign business of various divisions to particular judges.

Superior court judges have powers of judicial review. Leave is required to take a judicial review of a public law decision of a governmental and quasi-governmental body. See the separate sections on judicial review. Interim relief and awards of damages may be made on applications for judicial review.

There is power to remit the matter or reverse or vary decisions. Statutes that provide that any order or determination shall not be questioned in any court shall not operate to remove the powers of the High Court to make an order for cert certiorari (quashing a decision) or mandamus compelling a course of action.

The High Court may make a declaratory order in any matter. It may, at its discretion, make a binding declaration of right if it is satisfied the question for decision involves a point of general public importance that would, in the circumstances, be unjust and inconvenient to withhold the declaration, and the interest of persons not parties to the proceedings would not be unjustly prejudiced by the declaration.

In the following circumstances, an application for judicial review must be referred to the upper Tribunal. This is possible if the application does not relate to the Crown Court, relates to the following categories of persons, does not call into question nationality issues, and seeks only the classes of cases by which judicial review must be referred to the upper Tribunal are designated by direction under the Constitutional Reform Act.

The High Court administers the wards of court jurisdiction. This does not apply to a child in care. Rules of court may coordinate the exercise of jurisdictions in relation to persons under disability.

The High Court may, in accordance with rules of court, remit to a county court the overrunning claim where the parties consent, it is satisfied the sum involved is within the monetary limit of the county court, the court is satisfied that the subject matter of the proceedings is likely to be within the jurisdiction of the county court, or the claimant abandons his right to cover the excessive jurisdiction over the county court limit. There are certain types of proceedings that may not be remitted

The Northern Ireland High Court holds jurisdiction over all matters within Northern Ireland, free from geographical or monetary limitations, as long as the case pertains to Northern Ireland. For administrative convenience, the High Court’s business is divided into three main divisions:

• The Queen’s Bench Division handles compensation claims, breach of contract claims, admiralty claims, commercial claims, and claims that don’t fall under any other division.
• The Chancery Division addresses matters involving trusts, charity funds, estate distribution, mortgage enforcement, partnerships, companies, bankruptcies, and land sale contracts.
• The Family Division deals with matrimonial matters.

Additionally, there are two informally organized courts: the Companies Court linked with the Chancery Division and the Commercial Court associated with the Queen’s Bench Division.

The High Court may convene as a divisional court with multiple judges, particularly for judicial review or certain specialized cases.

Court rules provide various methods to initiate proceedings. In the Queen’s Bench Division, proceedings typically commence with a writ of summons, prepared by the plaintiff’s solicitor and outlining the claim’s general nature. The summons is delivered either by hand or through special delivery post.

If the defendant wishes to contest the claim, they must enter an appearance within 14 days, providing copies to both the defendant and the court. In the absence of an appearance, the plaintiff may obtain a judgment by default.

Even when an appearance has been entered, the plaintiff can apply for summary judgment without a full hearing, but this is only possible if it’s evident that the defendant lacks a reasonable defense.

The defendant may also make payments into court, which may be accepted.

If the defendant appears and the plaintiff doesn’t seek summary judgment, the plaintiff must prepare a statement of claim, a detailed document specifying the relied-upon facts. The defendant is obliged to respond within three weeks by filing and serving a defense.

Within a further three weeks, the plaintiff may reply to the defense if necessary. Alternatively, the defendant may serve a counterclaim, and the reply to the defense can be combined with the response to the counterclaim.

These documents constitute formal pleadings, though additional documents may be served with the court’s permission in specific cases.

Either party may apply to have the action tried without further exchange of pleadings, although time limits for pleading service are often extended by agreement. Pleadings set out the claims and the elements admitted or denied.

After completing pleadings in Queen’s Bench actions, the plaintiff can apply within six weeks to have the case scheduled for trial. Further interlocutory proceedings may arise before the hearing, such as applications for discovery of documents or for serving interrogatories. There’s also the possibility to seek disclosure of documents held by third parties.

High Court matters are typically heard by a single judge. Juries were once common but were largely removed from most cases approximately 25 years ago. Libel actions, however, are still heard by juries, and parties can apply to the judge for a jury hearing.

In addition, there is a “green book” providing guidelines for computing personal injury damages.

In Chancery actions, disputes typically involve fewer issues of fact and more points of law. These actions usually begin with an originating summons, with no exchange of pleadings. Matters are usually heard by a High Court Master or High Court Judge in chambers.

Much of the evidence presented in Chancery actions is in affidavit form rather than oral testimony. This overview will be continued and elaborated upon.