Senior Courts Act 1981

Summary

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.

Key Points

• 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

Parts & Sections

Amendments History

Frequently asked questions

What is the Senior Courts Act 1981 and which courts does it cover?

The Senior Courts Act 1981 governs the constitution, jurisdiction, and administration of the Senior Courts of England and Wales. These courts include the Court of Appeal, the High Court of Justice, and the Crown Court. The Act was originally called the Supreme Court Act 1981 but was renamed in 2009 to avoid confusion with the newly created Supreme Court of the United Kingdom.

What remedies can I seek when applying for judicial review?

Under Section 31 of the Act, an application for judicial review in the High Court can seek a quashing order, mandatory order, prohibiting order, declaration, or injunction. The court must grant permission for the application and may also award damages. Applicants must bring their claims promptly and, in any event, within three months.

When can the High Court grant an injunction?

The High Court has the power to grant injunctions in any case where it appears just and convenient to do so. This statutory power under Section 37 provides the basis for specific types of orders, including freezing injunctions (often referred to as Mareva orders) and search orders (known as Anton Piller orders).

Why was the Supreme Court Act 1981 renamed?

The Act was originally titled the Supreme Court Act 1981. It was renamed the Senior Courts Act 1981 following the Constitutional Reform Act 2005. This change was made to prevent confusion with the new Supreme Court of the United Kingdom, which was created by that 2005 Act and took over appellate jurisdiction previously held by the House of Lords.

What is the difference between the High Court's and Crown Court's jurisdiction?

The High Court possesses inherent jurisdiction, which grants it unlimited original jurisdiction in civil matters. In contrast, the Crown Court has exclusive jurisdiction over trials on indictment. The Act also establishes that law and equity are administered concurrently, with equity prevailing where there is a conflict between the two.