Inherent Jurisdiction in UK Law

Leading Cases
  • Connelly v DPP
    • House of Lords
    • 21 Abr 1964

    There can be no doubt that a court which is endowed with a particular jurisdiction has powers which are necessary to enable it to act effectively within such jurisdiction. I would regard them as powers which are inherent in its jurisdiction. A court must enjoy such powers in order to enforce its rules of practice and to suppress any abuses of its process and to defeat any attempted thwarting of its process.

  • Bremer Vulkan Schiffbau und Maschinenfabrik v South India Shipping Corporation Ltd
    • House of Lords
    • 22 Ene 1981

    Every civilised system of government requires that the state should make available to all its citizens a means for the just and peaceful settlement of disputes between them as to their respective legal rights. The means provided are courts of justice to which every citizen has a constitutional right of access in the role of plaintiff to obtain the remedy to which he claims to be entitled in consequence of an alleged breach of his legal or equitable rights by some other citizen, the defendant.

  • Re B (A Child) (Habitual Residence) (Inherent Jurisdiction)
    • Court of Appeal (Civil Division)
    • 06 Ago 2015

    However, we are satisfied that the present case does not approach the very high threshold necessary to justify the exercise of the jurisdiction. The situation falls short of the exceptional gravity where it might indeed be necessary to consider the exercise of the inherent jurisdiction.

  • AJ Bekhor & Company Ltd v Bilton
    • Court of Appeal (Civil Division)
    • 06 Feb 1981

    Insofar as Mr. Stamler contends that there is inherent jurisdiction in the court to make effective the remedies that it grants, this seems to me merely another way of submitting that, where the power exists to grant the remedy, there must also be inherent in that power the power to make ancillary orders to make that remedy effective.

  • R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2)
    • House of Lords
    • 15 Ene 1999

    In principle it must be that your Lordships, as the ultimate court of appeal, have power to correct any injustice caused by an earlier order of this House. There is no relevant statutory limitation on the jurisdiction of the House in this regard and therefore its inherent jurisdiction remains unfettered.

  • Wenlock v Moloney
    • Court of Appeal
    • 31 May 1965

    But this summary jurisdiction of the court was never intended to be exercised by a minute and protracted examination of the documents and facta of the case, in order to see whether the plaintiff really has a cause of action. To do that, la to usurp the position of the trial judge, and to produce a trial of the case in Chambers, on affidavits only, without discovery and without oral evidence tested by cross examination in the ordinary way.

  • Re NY (A Child) (1980 Hague Abduction Convention) (Inherent Jurisdiction)
    • Supreme Court
    • 30 Oct 2019

    The instruction in para 1.1 of Practice Direction 12D goes too far. There is no law which precludes the commencement of an application under the inherent jurisdiction unless the issue “cannot” be resolved under the 1989 Act. Some applications, such as for a summary order for the return of a child to a foreign state, can be commenced in the High Court as an application for the exercise of the inherent jurisdiction.

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Legislation
  • Children Act 1989
    • UK Non-devolved
    • 1 de Enero de 1989
    ......court shall exercise the High Court's inherent jurisdiction to. appoint a guardian of the estate of any child. . (12) ......
  • Forced Marriage (Civil Protection) Act 2007
    • UK Non-devolved
    • 1 de Enero de 2007
    ......(a) proceedings under the inherent jurisdiction of the High Court in relation to adults;. . . (b) ......
  • Adoption and Children Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......by virtue of an order made in the exercise of the High Court's. inherent jurisdiction with respect to children, that person,. . . (f) any person ......
  • Children (Northern Ireland) Order 1995
    • UK Non-devolved
    • 1 de Enero de 1995
    ....... 13. Change of child's name or removal from jurisdiction. . 14. Enforcement of residence orders. . Financial relief . 15. Orders ... (a) under the inherent jurisdiction of the High Court in relation to. children; and . (b) under ......
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Books & Journal Articles
  • III. Jurisdiction in Lunacy;
    • Núm. 23-4, Julio 1960
    • The Modern Law Review
    ...... The present jurisdiction At the present day the jurisdiction is partly statutory and partly an inherent jurisdiction derived from the royal prerogative, exer- cised by those to whom it has been entrusted by mandate under the ......
  • Medical Treatment — Pragmatism and the Search for Principle
    • Núm. 56-6, Noviembre 1993
    • The Modern Law Review
    ...... In Re W (A Minor) (Medical Treatment: Court’s Jurisdiction),’ the Court of Appeal had to decide whether the High Court had power under its inherent jurisdiction to make an order sanctioning the medical treatment ......
  • Adolescent Autonomy, Detention for Medical Treatment and Re C
    • Núm. 62-4, Julio 1999
    • The Modern Law Review
    ...... as being the first case where a court had ruled that it had jurisdiction to authorise the forcible detention of a child at common law (and ..., because it clarifies the scope of the court’s exercise of its inherent jurisdiction under section 100 of the Children Act 1989 (the 1989 Act) and ......
  • The Press, Children and Injunctions
    • Núm. 55-6, Noviembre 1992
    • The Modern Law Review
    ...... W), which arose out of the exercise of the wardship jurisdiction, examined once again current attitudes to these frequently ... later in this note, it is likely that resort to the inherent jurisdiction of the High Court will still be the appropriate ......
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Law Firm Commentaries
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