Chancery Division in UK Law

Leading Cases
  • Chapman and Others v Chapman and Others
    • House of Lords
    • 25 Marzo 1954

    So, too, the Court had power in the administration of trust property to direct that by way of salvage some transaction unauthorised by the trust instrument should be carried out. Nothing is more significant than the repeated assertions by the Court that mere expediency was not enough to found the jurisdiction.

  • Wallersteiner v Moir
    • Court of Appeal (Civil Division)
    • 21 Mayo 1974

    Where relief is to be granted without trial, whether on admissions or by agreement or in default of pleading, and it is necessary to make clear upon what footing the relief is to be granted, the right course, in my opinion, is not to make a declaration but to state that the relief shall be upon such and such a footing without any declaration to the effect that that footing in fact reflects the legal situation.

  • Ebert v Birch and Another ; Ebert v Venvil and Another
    • Court of Appeal (Civil Division)
    • 30 Marzo 1999

    They serve to emphasise the importance of the Grepe v Loam orders only being made when a clear case for making the orders has been established. This does not mean that intervention of Parliament may not have cut down the inherent jurisdiction of the court. If there was an application for an order of the same width as the statutory jurisdiction, the court could only appropriately deal with such an application under the statutory jurisdiction.

    We prefer to approach the issues from a standpoint of principle. Doing so, the starting point must be the extensive nature of the inherent jurisdiction of any court to prevent its procedure being abused. We see no reason why, absent the intervention of a statute cutting down the jurisdiction, that jurisdiction should apply only in relation to existing proceedings and not to vexatious proceedings which are manifestly threatened but not yet initiated.

    The court undoubtedly has the power to stay or strike out vexatious proceedings when they are commenced under its inherent power. We can see no reason in principle why it should not also, in accord with the general approach to the granting of quia timet injunctions, exercise that power to prevent the serious loss that anticipated but unidentified proceedings could cause the defendants to those proceedings.

  • Re Sevenoaks Stationers (Retail) Ltd
    • Court of Appeal (Civil Division)
    • 31 Julio 1990

    Such statements may be helpful in identifying particular circumstances in which a person would clearly be unfit. to treat the statements as judicial paraphrases of the words of the statute which fall to be construed as a matter of law in lieu of the words of the statute. The result is to obscure that the true question to be tried is a question of fact—what used to be perjoratively described in the Chancery Division as "a jury question".

  • Johnson v Agnew
    • House of Lords
    • 08 Marzo 1979

    One would think that the law as to so typical a set of facts would be both simple and clear. Learned judges in the Chancery Division and in the Court of Appeal have had great difficulty in formulating a rule and have been obliged to reach differing conclusions.

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Legislation
  • Guardianship of Infants Act 1886
    • UK Non-devolved
    • 1 de Enero de 1886
    ... ... 6. In England and Ireland the High Court of Justice, in any division thereof, and in Scotland either division of the Court of Session, may, in ... or to the High Court of Justice in Ireland shall be made to the Chancery Division of the said Courts respectively in such manner as may be ... ...
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... the application relates;(e) the court (and where applicable, the division or district registry of that court) or hearing centre in which the ... accounts to be taken and enquiries made in like manner as in the Chancery Division of the High Court ... (1) The court may order that the land, or ... ...
  • Supreme Court of Judicature (Ireland) Act 1877
    • UK Non-devolved
    • 1 de Enero de 1877
    ... ... (that is to say,) ... ‘High Court of Chancery’ and ‘Court of Chancery’ respectively shall mean the High Court of ... Act, one Supreme Court of Judicature in Ireland ... Division of Supreme Court into a Court of original and a Court of appellate ... ...
  • Rules of the Supreme Court (Revision) 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ... ... 44. Proceedings under judgments and orders: Chancery Division ... ENFORCEMENT OF JUDGMENTS AND ORDERS ... 45. Enforcement ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • Chancery Division (England And Wales High Court):- Arbitration Mandate: Intention Trumps Uncertainty
    • Mondaq UK
  • Scope of arbitration clause (UK)
    • LexBlog United Kingdom
    The UK Chancery Division held that an arbitration clause relating to any dispute regarding a contractual undertaking to renegotiate port licensing conditions in the event of ‘any major physical or ...
    ...The UK Chancery Division held that an arbitration clause relating to any dispute regarding ... ...
  • Arbitration clause not void for vagueness (UK)
    • LexBlog United Kingdom
    The UK Chancery Division held that an arbitration clause, which could be invoked over a dispute whether there had been ‘any major physical or financial change in circumstances affecting the operati...
    ...The UK Chancery Division held that an arbitration clause, which could be invoked over a ... ...
  • A Reminder About Careful Drafting of Confidentiality Clauses
    • JD Supra United Kingdom
    The recent decision by the High Court of England and Wales (Chancery Division) in Richmond Pharmacology Limited (Company) v. Chester Overseas Limited, et al. underscores the need to carefully draft...
    ... The recent decision by the High Court of England and Wales (Chancery Division) in Richmond Pharmacology Limited (Company) v. Chester Overseas ... ...
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Forms
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