Supreme Court of Judicature. By Judicature Act, 1925, s. 1, there shall be a Supreme Court of Judicature in England consisting of His Majesty's High Court of Justice (referred to as the High Court), and His Majesty's Court of Appeal (referred to as the Court of Appeal).
Formerly, by the (English) Supreme Court of Judicature Act, 1873, ss. 3 and 4 (amended by (English) Jud. Act, 1875, s. 9), it was enacted that from the commencement of that Act (November 1, 1875: see Judicature Act, 1875, s. 2) the court of Chancery of England, the Court of Queen's Bench, the Court of Common Pleas at Westminster, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court for Divorce and Matrimonial Causes, should be united and consolidated together, and should constitute one Supreme Court of Judicature in England; the said Supreme Court to consist of two permanent Divisions, being 'Her (now His) Majesty's High Court of Justice' and 'Her (now His) Majesty's Court of Appeal.'
See, further, HIGH COURT OF JUSTICE and APPEAL, COURT OF.
The (English) Supreme Court of Judicature Acts, 1873 and 1875 (36 & 37 Vict. c. 66), and (38 & 39 Vict. c. 77), are commonly referred to as 'The (English) Judicature Acts,' and are herein cited as '(English) Jud. Act, 1873,' and 'Jud. Act, 1875.' The (English) Consolidating Judicature Act, 1925 (15 & 16 Geo. 5, c. 49), has repealed both these Acts [except ss. 25 (2), 46, 64, 66 of the Judicature Act, 1873], re-enacting them with amendments.
The following were the more important provisions of those Acts, in addition to those constituting the High Court and Court of Appeal:--The High Court was divided into five divisions, representing the courts whose jurisdiction was transferred thereto (see IVISIONS); the Court of Appeal received juris-diction to hear, with a few specified exceptions, appeals from any judgment or order of the High Court; power was given to each division to administer law and equity concurrently, with preference for the rules of equity, where they should be found to be in conflict with the rules of law; district registries were established in various parts of the country for the transaction of litigious business up to actual trial; counter-claims, and the power of a defendant to bring in 'third parties,' were introduced; new rules of pleading, intending to combine the brevity of the Common Law system with the specific character of equity drafting, were substituted for those previously existing; special power was given under 'Order XIV.' To a plaintiff to sign judgment for a liquidated demand unless the defendant could obtain leave to defend; four 'official referees,' with power to report to the court upon questions of fact, were appointed; and the Chancery practice of leaving costs (which at Common Law 'followed the event' of an action largely in the discretion of the judge was adopted for all the branches of the High Court.
The (English) Act of 1875 contained a very lengthy schedule of Rules of Practice, taken, with many alterations and additions, from the Common Law and Equity Procedure Acts, the spirit of the two Acts being to adopt for the one new practice what was best in the two old ones. These rules, which had been much amended from time to time, were consolidated, with further amendments in 1883, by the 'Rules of the Supreme Court, 1883,' abbreviated 'R.S.C. 1883.' See RULES.
The (English) Judicature Act of 1925, in the preamble states is an Act to consolidate the Judicature Acts, 1873 to 1910, and other enactments relating to the Supreme Court of Judicature in England and the administration of justice therein. See the Yearly Practice (or the Red Book, where there is a comparative table, showing how the various enactments repealed have been dealt with).
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