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Crown Copyright Acknowledged


Supreme Court Act 1981 (-)
Search lawindexpro for case law on this statute.
This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.

16:--

    (1) Subject as otherwise provided by this or any other Act (and in particular to the provision in section 13(2)(a) of the Administration of Justice Act 1969, excluding appeals to the Court of Appeal in cases where leave to appeal from the High Court directly to the House of Lords is granted under part II of that Act) . . . The Court of Appeal shall have jurisdiction to hear and determine appeals from any judgment or order of the High Court.


29:--

    (3) In relation to the jurisdiction of the Crown Court, other than its jurisdiction in matters relating to trial on indictment, the High Court shall have all such jurisdiction to make orders of mandamus, prohibition or certiorari as the High Court possesses in relation to the jurisdiction of an inferior court.”


31:--

    (6) Where the High Court considers that there has been undue delay in making an application for judicial review, the court may refuse to grant--(a) leave for the making of the application; or (b) any relief sought on the application, if it considers that the granting of the relief sought would be likely to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to good administration. (7) Subsection (6) is without prejudice to any enactment or rule of court which has the effect of limiting the time within which an application for judicial review may be made.


32A:-

    (1) This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.

    (2) as regards any action for damages to which this section applies in which a judgment is given in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to award the injured person . . .

      (a) Damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and

      (b) Further damages at a future date if he develops the disease or suffers the deterioration.


37

    (1) The High Court may by order (whether interlocutory or final) grant an injunction or appoint a receiver in all cases in which it appears to the court to be just and convenient to do so."

    (2) Any such order may be made either unconditionally or on such terms and conditions as the court thinks just.


42:--

    (1) If, on an application made by the Attorney General under this section, the High Court is satisfied that any person has habitually and persistently and without any reasonable ground-

      (a) instituted vexatious civil proceedings, whether in the High Court or any inferior court, and whether against the same person or against different persons; or

      (b) made vexatious applications in any civil proceedings, whether in the High Court or any inferior court, and whether instituted by him or another ....

    the court may, after hearing that person or giving him an opportunity of being heard, make a civil proceedings order...

    1A In this section-

      "civil proceedings order" means an order that

        (a) no civil proceedings shall without the leave of the High Court be instituted in any court by the person against whom the order is made;

        (b) any civil proceedings instituted by him in any court before the making of the order shall not be continued by him without the leave of the High Court; and

        (c) no application (other than one for leave under this section) shall be made by him, in any civil proceedings instituted in any court by any person, without the leave of the High Court;

      (2) An order under subsection (1) may provide that it is to cease to have effect at the end of a specified period, but shall otherwise remain in force indefinitely.

      (3) Leave for the institution or continuance of, or for the making of an application in, any legal proceedings by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the High Court is satisfied that the proceedings or application are not an abuse of the process of the court in question and that there are reasonable grounds for the proceedings or application.

      (4) No appeal shall lie from a decision of the High Court refusing leave for the institution or continuance of, or for the making of an application in, legal proceedings by a person who is the subject of an order for the time being in force under subsection (1).

      (5) A copy of any order made under subsection (1) shall be published in the London Gazette.


46:-

    (1) All proceedings on indictment shall be brought before the Crown Court.

    (2) The jurisdiction of the Crown Court with respect to proceedings on indictment shall include jurisdiction in proceedings on indictment for offences wherever committed, and in particular proceedings on indictment within the jurisdiction of the Admiralty of England.


51

    (1) Subject to the provisions of this or any other enactment and to rules of court, the costs of and incidental to all proceedings

      (a) the civil division of the Court of Appeal;

      (b) the High Court; and

      (c) any county court,

    shall be in the discretion of the court.

    (2) Without prejudice to any general power to make rules of court, such rules may make provision for regulating matters relating to the costs of those proceedings including, in particular, prescribing scales of costs to be paid to legal or other representatives.

    (3) The court shall have full power to determine by whom and to what extent the costs are to be paid.

    . . .

    (6.) In any proceedings mentioned in subsection (1), the court may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with rules of court.

    (7) In subsection (6), 'wasted costs' means any costs incurred by a party -

      (a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or

      (b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay. . . .

    (13.) In this section 'legal or any other representative', in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf.


Trial by jury

69.-

    (1) Where, on the application of any party to an action to be tried in the Queen’s Bench Division, the court is satisfied that there is an issue -

      (a) a charge of fraud against that party ; or

      (b) a claim in respect of libel, slander, malicious prosecution or false imprisonment ; or

      (c) any question or issue of a kind prescribed for the purposes of this paragraph,

    the action shall be tried with a jury, unless the court is of opinion that the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury.

    (2) An application under sub-section (1) must be made no later than such time before the trial as may be prescribed.

    (3) An action to be tried in the Queen's Bench Division which does not by virtue of subsection (1) fall to be tried with a jury shall be tried without a jury unless the court in its discretion orders it to be tried with a jury.

    (4) Nothing in subsections (1) to (3) shall affect the power of the court to order, in accordance with rules of court, that different questions of fact arising in any action be tried by different modes of trial: and where any such order is made, subsection (1) shall have effect only as respects questions relating to any such charge, claim, question or issue as is mentioned in that subsection.


72:-

    (1) In any proceedings to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose that person, or his or her spouse, to proceedings for a related offence for the recovery of a related penalty . . .

      (a) from answering any question put to that person in the first-mentioned proceedings;

      (b) from complying with any order made in those proceedings.


    93:-

      (1) Subject to sub-section (2), any person who holds an office listed in column 1 of any part of Schedule 2 ... and is not employed in the Civil Service of the state shall be deemed to be so employed for the purposes of salary and pension.

      (2) Sub-section (1), so far as it relates to pension, shall not apply to a person holding qualifying judicial office within the meaning of the Judicial Pensions and Retirement Act 1993.


    124

    All original wills and other documents which are under the control of the High Court in the Principal Registry or in any District Probate Registry shall be deposited and preserved in such places as may be provided for and directions given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005; and any wills or other documents so deposited shall, subject to the control of the High Court and to probate rules, be open to inspection.


    125

    . . . an office copy, or a sealed and certified copy, of any will or part of a will open to inspection under 124 or of any grant may, on payment of the fee prescribed by an order section 92 of The Courts Act 2003, be obtained

      (a) from the registry in which in accordance with section 124 the will or documents relating to the grant are preserved; or

      (b) where in accordance with that section the will or such documents are preserved in some place other than a registry, from the Principal Registry; or

      (c) subject to the approval of the Senior Registrar [Senior District Judge] of the Family Division, from the Principal Registry in any case where the will was proved in or the grant was issued from a district probate registry.


    Effect of writs of execution against goods

    138:-

      (1) Subject to subsection (2), a writ of fieri facias or other writ of execution against goods issued from the High Court shall bind the property in the goods of the execution debtor as from the time when the writ is delivered to the sheriff to be executed.

      (2) Such a writ shall not prejudice the title to any goods of the execution debtor acquired by a person in good faith and for valuable consideration unless he had, at the time when he acquired his title-

        (a) notice that that writ or any other such writ by virtue of which the goods of the execution debtor might be seized or attached had been delivered to and remained unexecuted in the hands of the sheriff; or

        (b) notice that an application for the issue of warrant of execution against the goods of the execution debtor had been made to the registrar of a county court, and remained unexecuted in the hands of the registrar of that court.

      (3) For the better manifestation of the time mentioned in subsection (1), it shall be te duty of the sheriff (without fee) on receipt of any such writ as is here mentioned to endorse on it s back the hour, ay, month and year when he received it. <

      For the purposes of this section-

        (a) "property" means the general property in goods, and not merely a special property;

        (b) "sheriff" includes any officer charged with the enforcement of a writ of execution;

        (c) ny reference to the goods of the execution debtor includes a reference to anything else of his that may lawfully be seized in execution; and

        (d) a thing shall be treated as done in good faith if it is in fact done honestly, whether it is done negligently or not.

    (Subsequently amended - amendments not included)



116:--

    (1) If by reason of any special circumstances it appears to the High Court to be necessary or expedient to appoint as administrator some person other than the person who, but for this section, would in accordance with probate rules have been entitled to the grant, the court may, in its discretion appoint as administrator such person as it thinks expedient.


117:- Where any legal proceedings concerning the validity of the will of a deceased person, or for obtaining, recalling or revoking any grant, are pending, the High Court may grant administration of the estate of the deceased person in question to an administrator pending suit, who shall, subject to subsection (2), have all the rights, duties and powers of a general administrator.

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09 June 2010
http://www.swarb.co.uk/acts/1981Supreme_CourtAct.html ver 9 July 2010