Supreme Court of Judicature (Consolidation) Act 1925

Publication Date:January 01, 1925


Supreme Court of Judicature (Consolidation) Act, 1925

(15 & 16 Geo. 5.) CHAPTER 49.

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.

[31st July 1925]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Constitution of the Supreme Court.

Part I.

Constitution of the Supreme Court.

The Supreme Court.

The Supreme Court

S-1 Supreme Court of Judicature.

1 Supreme Court of Judicature.

1. There shall be a Supreme Court of Judicature in England consisting of His Majesty's High Court of Justice (in this Act referred to as ‘the High Court’) and His Majesty's Court of Appeal (in this Act referred to as ‘the Court of Appeal’), with such jurisdiction as is conferred on those courts respectively by this Act.

The High Court.

The High Court

S-2 Constitution of High Court.

2 Constitution of High Court.

(1) The High Court shall be constituted of the following judges, that is to say, the Lord Chancellor, the Lord Chief Justice, the President of the Probate Division and the puisne judges of the several Divisions.

(2) The Lord Chancellor or, in his absence, the Lord Chief Justice, shall be president of the High Court.

(3) All the judges of the High Court shall, save as is in this Act otherwise expressly provided, have in all respects equal power, authority and jurisdiction, and shall be addressed in the manner formerly customary in addressing the judges of the superior courts of common law.

(4) The puisne judges of the High Court shall be styled ‘Justices of the High Court.’

S-3 Judges of Court of Appeal and ex-judges of Supreme Court qualified to sit as judges of High Court.

3 Judges of Court of Appeal and ex-judges of Supreme Court qualified to sit as judges of High Court.

(1) Subject to the provisions of this section any judge of the Court of Appeal or any person who has held the office of a judge of the Court of Appeal or of a judge of the High Court, may, on the request of the Lord Chancellor, sit and act as a judge of the High Court or perform any other official or ministerial acts for or on behalf of any judge absent through illness or any other cause, or in the place of any other judge whose place becomes vacant, or as an additional judge of any Division:

Provided that—

(a ) The Lord Chancellor shall not request any person who has held office as aforesaid to sit and act as a judge of the King's Bench Division, or of the Probate Division, except with the concurrence of the Lord Chief Justice or the President of the Probate Division respectively; and

(b ) Nothing in this section shall be deemed to require any person who has held office as aforesaid to sit and act as a judge of the High Court unless he consents so to do.

(2) Every person while sitting and acting as a judge of the High Court under this section shall have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of that court.

S-4 Divisions of High Court.

4 Divisions of High Court.

(1) For the more convenient despatch of business in the High Court there shall be in the High Court three Divisions, namely:—

(i) The Chancery Division, consisting of the Lord Chancellor, who shall be president thereof, and six puisne judges;

(ii) The King's Bench Division, consisting of the Lord Chief Justice, who shall be president thereof, and (subject to the provisions of this Act) seventeen puisne judges;

(iii) The Probate, Divorce and Admiralty Division consisting of a president and two puisne judges.

(2) Any judge of any of the said Divisions may be transferred by His Majesty, under His Royal Sign Manual, from one to another of the said Divisions.

(3) Nothing in this section shall operate to prevent a judge of any Division from sitting whenever required in a divisional court or for any judge of another Division.

S-5 Power to alter Divisions by Order in Council.

5 Power to alter Divisions by Order in Council.

(1) His Majesty in Council may from time to time, on a report or recommendation of the council of judges of the Supreme Court assembled in pursuance of the provisions of Part X. of this Act, order that any reduction or increase in the number of the Divisions or in the number of the judges of the High Court who may be attached to any Division, may pursuant to such report or recommendation be carried into effect, and may give all such further directions as may be necessary or proper for that purpose:

Provided that the total number of the judges of the Supreme Court shall not be reduced or increased by any such Order.

(2) An Order in Council under this section shall not come into operation until it has been laid before each House of Parliament for thirty days on which that House has sat, or if within that period of thirty days an address is presented to His Majesty by either House of Parliament, praying that the Order may not come into operation.

(3) An Order in Council under this section shall, on coming into operation, have effect as if it were enacted in this Act.

The Court of Appeal.

The Court of Appeal.

S-6 Constitution of Court of Appeal.

6 Constitution of Court of Appeal.

(1) The Court of Appeal shall be constituted of ex-officio judges and of five ordinary judges.

(2) The ex-officio judges of the Court of Appeal shall be the Lord Chancellor, any person who has held the office of Lord Chancellor, any Lord of Appeal in Ordinary who at the date of his appointment would have been qualified to be appointed an ordinary judge of the Court of Appeal, or who at that date was a judge of that court, the Lord Chief Justice, the Master of the Rolls and the President of the Probate Division:

Provided that a person who has held the office of Lord Chancellor, or a Lord of Appeal in Ordinary, shall not be required to sit and act as a judge of the Court of Appeal unless on the request of the Lord Chancellor he consents so to do.

(3) The ordinary judges of the Court of Appeal shall be styled, and are in this Act referred to as, ‘Lords Justices of Appeal.’

(4) The Lord Chancellor shall be president of the Court of Appeal.

S-7 Attendance of judge of High Court in Court of Appeal.

7 Attendance of judge of High Court in Court of Appeal.

(1) The Lord Chancellor may request the attendance at any time of any judge of the High Court to sit as an additional judge at the sittings of the Court of Appeal, and any judge whose attendance is so requested shall attend accordingly.

(2) Every judge who sits as an additional judge of the Court of Appeal in pursuance of such a request shall, during the time he so sits, have all the jurisdiction and powers of a judge of the Court of Appeal, but shall not otherwise be deemed to be a judge of that court or to have ceased to be a judge of the Division to which he belongs.

(3) Any such judge shall, although the period has expired during which his attendance was requested, attend the sittings of the Court of Appeal for the purpose of giving judgment or otherwise in relation to any case which may have been heard by the Court of Appeal during his attendance on the Court of Appeal.

S-8 Ex-judges of Supreme Court qualified to sit as judges of Court of Appeal.

8 Ex-judges of Supreme Court qualified to sit as judges of Court of Appeal.

8. The Lord Chancellor may at any time, subject to the provisions of this section, request any person who has held the office of a judge of the Court of Appeal or of a judge of the High Court to sit and act as a judge of the Court of Appeal, and every such person so requested shall, while so sitting and acting, have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of the Court of Appeal:

Provided that nothing in this section shall be deemed to require any such person as aforesaid to sit and act as a judge of the Court of Appeal unless he consents so to do.

Qualification of Judges, Vacancies, Tenure of Office, Salaries, &c.

Qualification of Judges, Vacancies, Tenure of Office, Salaries, &c.

S-9 Qualifications of judges of Supreme Court.

9 Qualifications of judges of Supreme Court.

(1) Any person being a barrister of not less than ten years' standing shall be qualified for appointment as a puisne judge of the High Court.

(2) Any person being a barrister of not less than fifteen years' standing or a judge of the High Court shall be qualified for appointment as a Lord Justice of Appeal.

(3) Any person qualified for appointment as a Lord Justice of Appeal, or being a judge of the Court of Appeal, shall be qualified for appointment as Lord Chief Justice, Master of the Rolls or President of the Probate Division.

S-10 Vacation of office.

10 Vacation of office.

(1) The office of any judge of the High Court or of the Court of Appeal may be vacated by resignation in writing under his hand addressed to the Lord Chancellor, without any deed of surrender.

(2) The office of any judge of the High Court shall be vacated by his being appointed a judge of the Court of Appeal.

(3) Each of the said courts shall be deemed to be duly constituted during and notwithstanding any vacancy in the office of any judge of that court.

S-11 Filling of vacancies in High Court and Court of Appeal.

11 Filling of vacancies in High Court and Court of Appeal.

(1) Whenever the office of a judge of the High Court (other than the Lord Chancellor) or of a Lord Justice of Appeal is vacant, a new judge may be appointed by His Majesty by Letters Patent

Provided that—

(a ) Whenever the whole number of the puisne judges attached to the King's Bench Division amounts to fifteen or upwards, a vacancy occurring among those judges shall not be filled unless and until an address is presented to His Majesty from both Houses of Parliament representing that...

To continue reading

Request your trial