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Court of Chancery of the County Palatine of Lancaster

Court of Chancery of the County Palatine of Lancaster

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The Court of Chancery of the County Palatine of Lancaster was a court of chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...

 that exercised jurisdiction within the County Palatine of Lancaster.

Relevant legislation


The court was regulated by the following Acts in particular:
  • The Court of Chancery of Lancaster Act 1850 (13 & 14 Vict c 43)
  • The Court of Chancery of Lancaster Act 1854 (17 & 18 Vict c 82)
  • The Chancery of Lancaster Act 1890 (53 & 54 Vict c 23)
  • The Court of Chancery of Lancaster Act 1952 (15 & 16 Geo 6 and Eliz 2 c 49)
  • The Court of Chancery of Lancaster (Amendment) Act 1961 (9 & 10 Eliz 2 c 38)


All of these Acts were repealed by section 56 of, and Schedule 11 to, the Courts Act 1971
Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom the purpose of which was to reform and modernise the courts system of England and Wales....

.

Funds in court

Section 52 of the Administration of Justice Act 1956 provided:



Evidence of foreign law

See sections 4(2) and 4(4)(a) and (b) of the Civil Evidence Act 1972.

Reciprocal enforcement of foreign judgments

See article 2(1)(a) of the Convention set out in the Schedule to the Reciprocal Enforcement of Foreign Judgments (Israel) Order 1971 (S.I. 1971/1039).

See article 2(1)(a) of the Convention set out in the Schedule to the Reciprocal Enforcement of Foreign Judgments (the Netherlands) Order 1969 (S.I. 1969/1063)

See article 2(1)(a) of the Convention set out in the Schedule to the Reciprocal Enforcement of Foreign Judgments (Norway) Order 1962 (S.I. 1962/636)

Power to authorise superior landlord to enter and execute works

See section 30(3) of the Housing, Town Planning, &c. Act 1919.

Power of court to authorise examination of works on unfit premises or for improvement

See section 164(3) of the Housing Act 1957.

Land Charges Act 1925

See section 20(2) of that Act.

Merger with the High Court


On the appointed day the Court of Chancery of the County Palatine of Lancaster was merged with the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...

. Accordingly on and after that day no jurisdiction, whether conferred by statute or otherwise, could be exercised, or can now be exercised, by the Court of Chancery of the County Palatine of Lancaster as such. The Court of Chancery of the County Palatine of Lancaster was abolished on merger with the High Court.

Transistional provisions


Transitional provisions were contained in Part I of Schedule 5 to the Courts Act 1971
Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom the purpose of which was to reform and modernise the courts system of England and Wales....

.

Offices


Any judicial or other office in the Court of Chancery of the County Palatine of Lancaster, other than the office of Vice-Chancellor of the County Palatine of Lancaster
Vice-Chancellor of the County Palatine of Lancaster
Vice-Chancellor of the County Palatine of Lancaster is an office of the Duchy of Lancaster. The vice-chancellor is appointed by the Chancellor of the Duchy of Lancaster after consultation with the Lord High Chancellor of Great Britain....

, was abolished by section 44(1)(b) of the Courts Act 1971
Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom the purpose of which was to reform and modernise the courts system of England and Wales....

.

Section 44(2) conferred a power to make regulations to provide for the compensation of persons who suffered loss of employment or loss or diminution of emoluments attributable to the effect of section 44(1)(b) or to the merger of the Court of Chancery of the County Palatine of Lancaster.