Legal Definitions - Supreme Court of Judicature

The Supreme Court of Judicature was the collective name for the superior courts of England and Wales from 1873 until 2007. It was established by the Judicature Acts to streamline and unify the various higher courts that existed previously. This body comprised three main divisions:

• The High Court of Justice, which handles major civil cases.
• The Court of Appeal, which hears appeals from lower courts.
• The Crown Court, which deals with serious criminal cases.

While sometimes informally shortened, it is crucial to distinguish this historical entity from the modern Supreme Court of the United Kingdom, which was established in 2009 as the final court of appeal for the entire UK. The functions previously performed by the Supreme Court of Judicature are now carried out by the Senior Courts of England and Wales.

Here are some examples illustrating the role of the Supreme Court of Judicature:

• Example 1 (Major Civil Dispute): In the early 20th century, a prominent landowner initiated a complex legal action against a mining company for significant environmental damage to their estate. This high-value civil dispute would have been heard in the High Court of Justice, which was a core component of the Supreme Court of Judicature, responsible for handling such substantial claims.

  Explanation: This illustrates how the High Court, as part of the historical Supreme Court of Judicature, was the venue for significant civil litigation, demonstrating its role in resolving major non-criminal legal conflicts.

• Example 2 (Serious Criminal Trial and Appeal): Following a highly publicized murder trial in the 1980s, the defendant was convicted in the Crown Court. Believing there were errors in the judge's legal directions to the jury, the defense team lodged an appeal. This appeal would have been heard by the Court of Appeal, both of which were integral parts of the Supreme Court of Judicature.

  Explanation: This example highlights the dual function of the Supreme Court of Judicature: the Crown Court for serious criminal trials and the Court of Appeal for reviewing the fairness and legality of those trial outcomes, showcasing its comprehensive scope in criminal justice.

• Example 3 (Review of Lower Court Decisions): After a small business lost a contractual dispute in a county court in the 1990s, they sought to challenge the decision, arguing that the judge misinterpreted a key clause in the contract. Their application for permission to appeal would have been directed to the Court of Appeal, a division of the Supreme Court of Judicature, which was responsible for reviewing decisions from lower courts.

  Explanation: This demonstrates the Court of Appeal's role within the Supreme Court of Judicature in providing a mechanism for litigants to challenge decisions made in subordinate courts, ensuring legal accuracy and fairness.