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Legal Definitions - Queen's Bench Division

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Definition of Queen's Bench Division

The Queen's Bench Division (Q.B.D.) is a significant branch of the High Court of Justice in England and Wales. It is responsible for hearing a wide variety of civil cases, including disputes arising from agreements (known as contract actions) and claims for civil wrongs (known as tort actions), such as negligence or defamation. The Q.B.D. also plays a crucial role in reviewing the legality of decisions made by public bodies through applications for judicial review, and it handles certain appeals from lower courts, like the Magistrates' Courts. Historically, this court was known as the Queen's Bench or King's Bench, depending on whether a queen or king was on the throne.

Here are some examples of cases the Queen's Bench Division might handle:

  • Contract Dispute: Imagine a software development company, "CodeCrafters Ltd.," enters into a contract with a client, "TechSolutions Inc.," to build a custom application. CodeCrafters Ltd. completes the work, but TechSolutions Inc. refuses to pay the final installment, claiming the software has minor bugs. CodeCrafters Ltd. would initiate a lawsuit in the Queen's Bench Division to enforce the contract and recover the outstanding payment, arguing that the bugs are not a material breach of their agreement.

    This illustrates the Q.B.D.'s role in resolving contract actions, where one party seeks to enforce the terms of a legally binding agreement or claim damages for its breach.

  • Personal Injury Claim (Tort): A pedestrian, Mr. Davies, is walking on a public footpath when he trips and falls due to a large, unmarked pothole, sustaining a broken ankle. He believes the local council responsible for maintaining the footpath was negligent in its duty to ensure public safety. Mr. Davies would bring a personal injury claim against the council in the Queen's Bench Division, seeking compensation for his medical expenses, lost wages, and pain and suffering.

    This demonstrates the Q.B.D.'s jurisdiction over tort actions, specifically a claim of negligence, where an individual seeks compensation for harm caused by another party's carelessness or wrongful act.

  • Challenging a Government Decision (Judicial Review): A national environmental charity, "GreenFuture," believes that a government minister's decision to approve a new industrial development project was made without proper consideration of environmental impact assessments, as required by law. GreenFuture could apply to the Queen's Bench Division for judicial review, asking the court to examine whether the minister's decision-making process was lawful, fair, and rational, potentially leading to the decision being overturned.

    This highlights the Q.B.D.'s function in conducting applications for judicial review, where the court scrutinizes the legality and fairness of decisions made by public authorities, rather than the merits of the decision itself.

Simple Definition

The Queen's Bench Division (Q.B.D.) is a principal court within the High Court of Justice in England and Wales.

It primarily deals with civil disputes such as tort and contract actions, hears applications for judicial review, and handles some appeals from magistrate courts.

It is better to risk saving a guilty man than to condemn an innocent one.

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