Senior Courts Act 1981

সারসংক্ষেপ

The Senior Courts Act 1981 (originally the Supreme Court Act 1981, renamed in 2009) governs the constitution, jurisdiction, and administration of the Senior Courts of England & Wales — the Court of Appeal, the High Court, and the Crown Court. It establishes the inherent jurisdiction of the High Court and provides for prerogative remedies (judicial review), injunctions, and other court powers.

মূল পয়েন্ট

• Establishes constitution of Court of Appeal, High Court (Queen's/King's Bench, Chancery, Family Divisions), and Crown Court
• Inherent jurisdiction of the High Court — unlimited original jurisdiction in civil matters
• Section 31 — application for judicial review: quashing orders, mandatory orders, prohibiting orders, declarations, and injunctions
• Section 37 — power to grant injunctions (including freezing and search orders) in all cases where it appears just and convenient
• Section 49 — law and equity administered concurrently; where conflict, equity prevails
• Section 35A — power to award interest on debts and damages
• Section 51 — costs in civil proceedings are in the discretion of the court
• Establishes the Court of Appeal (Civil and Criminal Divisions), High Court (Queen's/King's Bench, Chancery, Family), and Crown Court
• High Court has unlimited civil jurisdiction
• Crown Court has exclusive jurisdiction over trial on indictment
• Judicial review remedies — mandatory, prohibiting, and quashing orders (s.31)
• Injunction and declaration powers
• Norwich Pharmacal orders — disclosure of wrongdoer's identity (derived from case law, facilitated by Act)
• Jurisdiction for judicial review in the High Court
• Mandatory, prohibiting, and quashing orders
• Standing requirement: sufficient interest
• Time limit for bringing claims

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