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Certain former courts of England and Wales have been abolished or merged into or with other courts, and certain other courts of England and Wales have fallen into disuse.
For just under 600 years, from the time of the Norman Conquest until 1642, French was the language of the courts, rather than English. Until the twentieth century, many legal terms were still expressed in Latin.
Conciliar courts included the Court of Star Chamber and the Court of Requests.[1]
These included the Council in the North Parts and the Council in the Principality and Marches of Wales.[2]
Although the words "Superior Courts of Law at Westminster", in the preamble of the Uniformity of Process Act 1832 were, it was conceived by Palmer, sufficient to comprehend the law side of the Court of Chancery or Petty Bag Office, that Court being undoubtedly one of His Majesty's superior Courts at Westminster, yet it was evident, from section 12, as well as other parts of the statute, that the three courts of King's Bench, Common Pleas, and Exchequer, were those which were alone meant by it.[3]
Wharton and Granger refer to "the three superior courts at Westminster".[4][5]
Section 2 of the Evidence Act 1845 refers to "any of the equity or common law judges of the superior courts at Westminster". The effect of section 151(5) of, and paragraph 1(1)[6] of Schedule 4 to, the Senior Courts Act 1981 and sections 18(2) and 26(2) of the Supreme Court of Judicature (Consolidation) Act 1925, is that the expression "any of the equity or common law judges of the superior courts at Westminster" must be construed and have effect as a reference to judges of the Court of Appeal and High Court.[7]
The superior courts of law at Westminster had a common jurisdiction over certain actions and proceedings.[8]
The Court of King's Bench, Court of Common Pleas, Court of Exchequer and Court of Chancery sat at Westminster Hall.[9]
The jurisdiction of the following courts was transferred to the High Court of Justice by section 16 of the Supreme Court of Judicature Act 1873:
The jurisdiction of the London Bankruptcy Court was transferred to the High Court by section 93 of the Bankruptcy Act 1883.[11]
The following courts were merged into the High Court by section 41 of the Courts Act 1971:
The jurisdictions of the following, amongst others, were transferred to the Court of Appeal:
There was formerly a Court for Crown Cases Reserved. The House of Lords was formerly an appellate court.
Courts of criminal jurisdiction included:
The Central Criminal Court established by the Central Criminal Court Act 1834 was replaced by the Crown Court established by the recommendations of Dr. Beeching leading to the Courts Act 1971.
The Crown Court of Liverpool and the Crown Court of Manchester established by the Criminal Justice Administration Act 1956[14] were superseded by the (national) Crown Court established by the Courts Act 1971.
These included the Court of High Commission.[15]
The Court of Bankruptcy was established under the statute 1 & 2 Will 4 c 56.[16] As to bankruptcy courts, see the Bankruptcy Act 1869.[17]
These included Courts of Pie Poudre and Courts of the Staple.[18]
Section 42 of the Courts Act 1971 replaced the Mayor's and City of London Court with a county court of the same name.
Section 43 of that Act abolished:
Section 221 of the Local Government Act 1972 abolished the borough civil courts listed in Schedule 28 to that Act.
Part II of Schedule 4 to the Administration of Justice Act 1977 curtailed the jurisdiction of certain other anomalous local courts:
University courts were limited in jurisdiction to matters relating to the statutes of the university in question:
The Court of Minstrels in Tutbury, Staffordshire was ordered to close by the Duke of Devonshire in 1778[19]
These included courts leet.
By 1909, the Court of Regard had been obsolete for centuries. Swainmotes were still held, but were mere formalities. No Court of Justice Seat had been held since 1662, and it could be regarded as obsolete.[20]
The Cinque Ports had a Court of Chancery and a Court of Load Manage for the regulation of pilots until the Cinque Ports Act 1855.[21]
The Court of Chancery of the County Palatine of Durham and Sadberge was merged into the High Court by the Courts Act 1971. The Court of Pleas of the County Palatine of Durham and Sadberge was merged into the High Court by the Supreme Court of Judicature Act 1873. The Court of the County of Durham was abolished by section 2 of the Durham (County Palatine) Act 1836.
The Court of Common Pleas of the County Palatine of Lancaster and the Court of Chancery of the County Palatine of Lancaster were merged into the High Court. The Court of Appeal in Chancery of the County Palatine of Lancaster was merged into the Court of Appeal.
Courts of the county palatine of Chester included the Exchequer of Chester, the County Court of Chester and the Pentice Court of the city of Chester.[22]
The Courts of Session of the County Palatine of Chester and the Principality of Wales were abolished section 14 of by the Law Terms Act 1830.
The Stannaries Court was abolished by the Stannaries Court (Abolition) Act 1896.
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