The Law of Equity and Trust ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. SID: LLB Judicature Act of , in England, the act of Parliament that created the Supreme Court of Judicature (q.v.) and also, inter alia, enhanced the role of the House of Lords to act as a court of appeal. The act of denied the status of the House of Lords as the final court of appeal. The Supreme Court of Judicature Act (sometimes known as the Judicature Act ) was an act of the Parliament of the United Kingdom in Liberal view · Conservative view · Appellate Jurisdiction Act.
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Essentially, judicature act 1873 act was a first modern attempt to reduce the clutter—and the consequent inefficiency—of courts that had specific powers of jurisdiction throughout England and Wales. Originally, the Judicature Act of brought together several tribunals and created the Court of Appeal and the High Court of Justicethe latter having five divisions.
The plaintiff might then reply, and judicature act 1873 defendant rejoin, and so on until the pleaders had exhausted themselves.
This system of pleading was not a bad one if accompanied by the right of either party to demur to his opponent's pleading, i. It may be, however, that the authors of the new system were too intent on uniformity when they abolished the common-law pleading, which, shorn of its abuses as it had been by the Common Law Procedure Actsjudicature act 1873 an admirable instrument for defining the issue between the parties though unsuited for the more complicated cases which are tried in chancery, and it might possibly have been better to try the new system in the first instance in the chancery division only.
It should be added that the rules contain provisions for actions being tried without pleadings if the defendant does not require a statement of claim, and for the plaintiff in an action of debt obtaining immediate judgment unless the defendant gets leave to defend. In the chancery division there are of course no pleadings in those matters which by the rules can be disposed of by summons in chambers instead of by ordinary suit as formerly.
Supreme Court of Judicature Act
The judges seem to have been dissatisfied with the effect of their former rules, judicature act 1873 in they issued a fresh set of consolidated rules, which, with subsequent amendments, are those now in force.
By these rules a further attempt was made to prune the exuberance of pleading. Concise forms of statement of claim and defence were given in the appendix for adoption by the pleader. It is true that these forms do not display a high standard of excellence in draftsmanship, and it was said that many of them were undoubtedly judicature act 1873, but that was not of much importance.
Demurrers were abolished, and instead it was provided that any point of law raised by the pleadings should be disposed of at or after the trial, provided that by consent or order of the court they might be set down and disposed of before the trial Order xxv.
judicature act 1873 This, in the opinion of Lord Davey in was a disastrous change. The right of either party to challenge his opponent in limine, either where the question between them was purely one of law, or where even the view of the facts taken and alleged by his opponent did not constitute a cause of action or defence, was a most valuable one, and tended to the curtailment of judicature act 1873 the delay and the expense of litigation.
Any possibility of abuse by frivolous or technical demurrers as undoubtedly was formerly the case had been met by powers of amendment and the infliction of costs.
Many of the most important questions of law had been decided on demurrer both in common law and chancery. Lord Davey considered that demurrer was a useful and satisfactory mode of trying questions in chancery on bill and demurrerand judicature act 1873 was frequently adopted in preference to a special case, which requires the statement of facts to be agreed to by both parties and was consequently more difficult and expensive.
The reigning monarch judicature act 1873 appoint any individual to be a peer and thus a judge in the House of Lords.
Supreme Court of Judicature Act (Ireland)
These judicial life peers would hold seats only for the duration of their life; their seat would not pass through their inheritance to their son. Any jurisdiction vested in the Lord Chancellor in relation to grants of Letters Patent, or the issue of commissions or other writings, to be passed under the Great Seal of Ireland: Any jurisdiction exercised by the Lord Chancellor in right of or on behalf of Her Majesty as visitor of any College, or of any charitable or other foundation: Any jurisdiction of the Master of the Rolls in relation to records in Dublin or elsewhere in Ireland.
Jurisdiction transferred to Court of Appeal The Court of Appeal shall be a Superior Court of Record, judicature act 1873 there shall be transferred to and vested in such Court all jurisdiction and powers of the Courts following; that is to say, judicature act 1873.
All jurisdiction and powers of the Court of Exchequer Chamber, including its appellate jurisdiction in appeals under the Registration of Voters Acts: Jurisdiction on writs of error in criminal judicature act 1873 on appeal from the Queen's Bench Division of the High Court of Justice.