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Chancellor of the High Court

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The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and Queens Bench) sit by virtue of their offices often, as and when their expertise is deemed relevant, in panel in the Court of Appeal. As such this judge ranks equally to the President of the Family Division and the President of the Queen's Bench Division.

From 1813 to 1841, the solitary and from 1841 to 1875, the three ordinary judges of the Court of Chancery — rarely a court of first instance until 1855 – were called vice-chancellors. The more senior judges of the same court were the Lord Chancellor and the Master of the Rolls (who were moved fully to the Court of Appeal above in 1881). Each would occasionally hear cases alone or make declarations on paper applications alone. Partly due to the old system of many pre-pleadings, pleadings and hearings before most cases would reach Chancery the expense and duration of proceedings was pilloried in art and literature before the reforms of the late 19th century. Charles Dickens set Bleak House around raised hopes in (Jarndyce and Jarndyce) a near-incomprehensible, decades-long case in Chancery, involving a decision on an increasingly old will which was rendered useless as all of the deceased's wealth was – unknowingly to the prospective beneficiaries – absorbed in legal costs. Reform swiftly followed.

Certain 1870s to 1899 Acts (the Judicature Acts) merged the courts of law and those of equity and enacted a halt to the position of vice-chancellor – which lasted from 1875 until 1971.

From 1971 until October 2005,[1] the revived high judicial office was called the Vice-Chancellorship (and the judge bore the title Vice-Chancellor). The holder nominally acted as the Lord Chancellor's deputy in the English legal system and as head of the Chancery Division. The key duties of this judge have not changed in substance since 1971.

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President of the Family Division

President of the Family Division

The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales and Head of Family Justice. The Family Division was created in 1971 when Admiralty and contentious probate cases were removed from its predecessor, the Probate, Divorce and Admiralty Division.

Puisne judge

Puisne judge

A puisne judge or puisne justice is a dated term for an ordinary judge or a judge of lesser rank of a particular court.

Court of Chancery

Court of Chancery

The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the estates of lunatics and the guardianship of infants.

Lord Chancellor

Lord Chancellor

The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922.

Master of the Rolls

Master of the Rolls

The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that.

Charles Dickens

Charles Dickens

Charles John Huffam Dickens was an English writer and social critic. He created some of the world's best-known fictional characters and is regarded by many as the greatest novelist of the Victorian era. His works enjoyed unprecedented popularity during his lifetime and, by the 20th century, critics and scholars had recognised him as a literary genius. His novels and short stories are widely read today.

Bleak House

Bleak House

Bleak House is a novel by Charles Dickens, first published as a 20-episode serial between March 1852 and September 1853. The novel has many characters and several subplots, and is told partly by the novel's heroine, Esther Summerson and partly by an omniscient narrator. At the centre of Bleak House is a long-running legal case in the Court of Chancery, Jarndyce and Jarndyce, which comes about because a testator has written several conflicting wills. In a preface to the 1853 first edition, Dickens claimed there were many actual precedents for his fictional case. One such was probably Thellusson v Woodford, in which a will read in 1797 was contested and not determined until 1859. Though many in the legal profession criticised Dickens's satire as exaggerated, Bleak House helped support a judicial reform movement that culminated in the enactment of legal reform in the 1870s.

Jarndyce and Jarndyce

Jarndyce and Jarndyce

Jarndyce and Jarndyce is a fictional probate case in Bleak House (1852–53) by Charles Dickens, progressing in the English Court of Chancery. The case is a central plot device in the novel and has become a byword for seemingly interminable legal proceedings.

Will and testament

Will and testament

A will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.

Judicature Acts

Judicature Acts

In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875, with a further series of amending acts.

England and Wales

England and Wales

England and Wales is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law.

Ireland

An equivalent position existed in Ireland between 1867 and 1904 (Vice-Chancellor of Ireland) when the office was abolished. Throughout that period it was held by Hedges Eyre Chatterton (who was born in Cork and died in 1910 aged 91).

Vice-chancellors, 1813–1875

Because of an increase in caseload in the Court of Chancery for its two judges (the Lord Chancellor and the Master of the Rolls), an additional judicial office, The Vice-Chancellor of England, was created by the Administration of Justice Act 1813 to share the work. With the transfer of the equity jurisdiction to the Court of Chancery from the Court of Exchequer, two vice-chancellors were added in 1841 by the Chancery Act 1841, with the caveat that no successor for the second of the two new judges (James Wigram) could be appointed. Soon Lancelot Shadwell (the Vice-Chancellor of England at the time the bill came into effect) left office and the three vice-chancellors became of equal status, with the "of England" dropped. In 1851, Parliament relented so a successor to Wigram could be named to keep the number at three (George Turner), but again with the caveat (that proved temporary) that no future successor could be appointed. The caveat was lifted by an Act of 1852 so the number became fixed at three until the next major court reforms.[2]

After the Judicature Acts, which merged the Court of Chancery and various other courts into the new High Court of Justice, came into force, new vice-chancellors were not appointed: new judges of the Chancery Division became styled "Mr. Justice ..." like other High Court judges (adopting the style of the pre-merger common law courts).

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Court of Chancery

Court of Chancery

The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the estates of lunatics and the guardianship of infants.

Lord Chancellor

Lord Chancellor

The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922.

Master of the Rolls

Master of the Rolls

The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that.

Exchequer of Pleas

Exchequer of Pleas

The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity, a set of legal principles based on natural law and common law in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880.

James Wigram

James Wigram

Sir James Wigram, FRS (1793–1866) was an English barrister, politician and judge.

Lancelot Shadwell

Lancelot Shadwell

Sir Lancelot Shadwell was a barrister at Lincoln's Inn and was Member of Parliament (MP) for Ripon from 1826 to 1827 before becoming Vice-Chancellor of England in 1827. He supported Jewish emancipation.

Judicature Acts

Judicature Acts

In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875, with a further series of amending acts.

High Court of Justice

High Court of Justice

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

High Court judge (England and Wales)

High Court judge (England and Wales)

A Justice of the High Court, commonly known as a ‘High Court judge’, is a judge of the High Court of Justice of England and Wales, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges. High Court Judges wear red and black robes.

John Leach (judge)

John Leach (judge)

Sir John Leach, KC was an English judge, and Master of the Rolls.

Anthony Hart

Anthony Hart

Sir Anthony Hart was a British lawyer, who served as Lord Chancellor of Ireland from 1827 to 1830.

James Parker (judge)

James Parker (judge)

Sir James Parker was a British barrister who became Vice Chancellor of the High Court.

Vice-chancellors, 1971–2005

A new judicial post of Vice-Chancellor (its last holder having been that of 1882) was created by section 5 of the Administration of Justice Act 1970, which came into effect on 1 October 1971. Under its provisions the Vice-Chancellor was appointed by the Lord Chancellor (president of the Chancery Division). He became responsible to the latter for administering the division.[20] The Senior Courts Act 1981 made the position one appointed by the Queen (like the President of the Family Division)[21] and made the Vice-Chancellor vice-president of the Chancery Division.[22]

Discover more about Vice-chancellors, 1971–2005 related topics

Administration of Justice Act 1970

Administration of Justice Act 1970

The Administration of Justice Act 1970 is a UK Act of Parliament. Section 11 reforms the Debtors Act 1869 by further restricting the circumstances in which debtors may be sent to prison. Section 40 includes a number of provisions forbidding creditors such as debt collection agencies from harassing debtors, including:Excessive demands for payment Falsely claiming that criminal proceedings will follow after failing to pay a debt Falsely pretending to be officially authorised to collect payment Producing false documents claiming to have some official status that they do not have

Lord Chancellor

Lord Chancellor

The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922.

Senior Courts Act 1981

Senior Courts Act 1981

The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom.

President of the Family Division

President of the Family Division

The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales and Head of Family Justice. The Family Division was created in 1971 when Admiralty and contentious probate cases were removed from its predecessor, the Probate, Divorce and Admiralty Division.

John Pennycuick (judge)

John Pennycuick (judge)

Sir John Pennycuick was an English barrister and judge. He was a High Court judge from 1960 to 1974, and Vice-Chancellor of the Chancery Division from the recreation of the office in 1970 until 1974.

Anthony Plowman

Anthony Plowman

Sir John Anthony Plowman was a British judge who served as the Vice-Chancellor of the Chancery Division of the High Court between 1974 and 1976.

Robert Megarry

Robert Megarry

Sir Robert Edgar Megarry, PC, FBA was an eminent British lawyer and judge. Originally a solicitor, he requalified as a barrister and also pursued a parallel career as a legal academic. He later became a High Court judge and served as Vice-Chancellor of the Chancery Division from 1976 to 1981. Afterwards he served as Vice-Chancellor of the Supreme Court from 1982 until his retirement in 1985.

Donald Nicholls, Baron Nicholls of Birkenhead

Donald Nicholls, Baron Nicholls of Birkenhead

Donald James Nicholls, Baron Nicholls of Birkenhead, was a British barrister who became a Law Lord.

Richard Scott, Baron Scott of Foscote

Richard Scott, Baron Scott of Foscote

Sir Richard Rashleigh Folliott Scott, Baron Scott of Foscote, is a British judge, who formerly held the office of Lord of Appeal in Ordinary.

Andrew Morritt

Andrew Morritt

Sir Robert Andrew Morritt, CVO, is a former British judge who served as Chancellor of the High Court of England and Wales.

Constitutional Reform Act 2005

Constitutional Reform Act 2005

The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor.

Chancellor of the High Court, 2005–present

The Constitutional Reform Act 2005 removed the Lord Chancellor's role as a judge. As one of the judicial roles of the office was president of the Chancery Division, the office of Vice-Chancellor was renamed Chancellor of the High Court and replaced the Lord Chancellor. The name change took effect on 1 October 2005,[28] but some of the responsibilities (including the presidency of the division) did not transfer until 3 April 2006.[29] The Constitutional Reform Act retained the position of Vice-Chancellor as vice-president of the Chancery Division,[30] though it does not appear anyone has been appointed to the position or who would make or be eligible for such an appointment.

Discover more about Chancellor of the High Court, 2005–present related topics

Constitutional Reform Act 2005

Constitutional Reform Act 2005

The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor.

Lord Chancellor

Lord Chancellor

The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922.

Andrew Morritt

Andrew Morritt

Sir Robert Andrew Morritt, CVO, is a former British judge who served as Chancellor of the High Court of England and Wales.

Geoffrey Vos

Geoffrey Vos

Sir Geoffrey Charles Vos is a judge in England and Wales. Since January 2021, he has held the position of Master of the Rolls, and the head of civil justice in the court system of England and Wales.

Julian Flaux

Julian Flaux

Sir Julian Martin Flaux is the Chancellor of the High Court.

Source: "Chancellor of the High Court", Wikipedia, Wikimedia Foundation, (2021, October 22nd), https://en.wikipedia.org/wiki/Chancellor_of_the_High_Court.

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References
  1. ^ when relevant parts of the Constitutional Reform Act 2005 took effect
  2. ^ Section 52 of the Master in Chancery Abolition Act 1852.
  3. ^ "No. 16718". The London Gazette. 6–10 April 1813. p. 699.
  4. ^ "No. 17324". The London Gazette. 20 January 1818. p. 147.
  5. ^ "No. 18358". The London Gazette. 4 May 1827. p. 985.
  6. ^ "No. 18410". The London Gazette. 2 November 1827. p. 2250.
  7. ^ a b "No. 20032". The London Gazette. 29 October 1841. p. 2652.
  8. ^ "No. 21150". The London Gazette. 5 November 1850. p. 2883.
  9. ^ "No. 21162". The London Gazette. 13 December 1850. p. 3388.
  10. ^ "No. 21197". The London Gazette. 4 April 1851. p. 917.
  11. ^ a b "No. 21255". The London Gazette. 20 October 1851. p. 2751.
  12. ^ "No. 21360". The London Gazette. 21 September 1852. p. 2527.
  13. ^ "No. 21401". The London Gazette. 11 January 1853. p. 72.
  14. ^ "No. 23194". The London Gazette. 4 December 1866. p. 6757.
  15. ^ "No. 23361". The London Gazette. 11 March 1868. p. 1647.
  16. ^ "No. 23456". The London Gazette. 5 January 1869. p. 49.
  17. ^ "No. 23631". The London Gazette. 5 July 1870. p. 3265.
  18. ^ "No. 23729". The London Gazette. 18 April 1871. p. 1922.
  19. ^ "No. 24033". The London Gazette. 11 November 1873. p. 4901.
  20. ^ Administration of Justice Act 1970, c. 31 s. 5. (as enacted).
  21. ^ Senior Courts Act 1981, c. 54 s. 10. (as enacted).
  22. ^ Senior Courts Act 1981, s. 5. (as enacted).
  23. ^ Who's Who 1986
  24. ^ "No. 50145". The London Gazette. 6 June 1985. p. 7817.
  25. ^ "No. 52677". The London Gazette. 4 October 1991. p. 15091.
  26. ^ "No. 53811". The London Gazette. 6 October 1994. p. 14001.
  27. ^ "No. 55920". The London Gazette. 21 July 2000. p. 8033.
  28. ^ Constitutional Reform Act 2005 (Commencement No. 3) Order 2005, SI 2005/2505 art 2.
  29. ^ Constitutional Reform Act (Commencement No. 5 Order) 2006, SI 2006/1014 sch 1.
  30. ^ Senior Courts Act 1981, s. 5. (as amended by Constitutional Reform Act 2005, Sch. 4, para. 118(2).
  31. ^ "No. 60392". The London Gazette. 15 January 2012. p. 674.
  32. ^ "No. 61745". The London Gazette. 28 October 2016. p. 22900.
  • A History of English Law, Vol. I, by Sir William Holdsworth (Methuen & Co, 1961 reprint)
  • Twentieth-Century British Political Facts 1900–2000, by David Butler and Gareth Butler (Macmillan Press 2000)
  • Joseph Haydn, The Book of Dignities, 1894

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