Supreme Court of Judicature Act (Ireland) 1877

Supreme Court of Judicature Act (Ireland) 1877
Dates
Parliament of the United Kingdom
Citation	40 & 41 Vict. c. 57
Territorial extent	Ireland
Royal Assent	14 August 1877
Status
Republic of Ireland	Still in force with amendments^[1]
Northern Ireland	Repealed by the Judicature (Northern Ireland) Act 1978

The Supreme Court of Judicature Act (Ireland) 1877^[2] was an Act of the Parliament of the United Kingdom that brought about a major reorganisation of the superior courts in Ireland. It created a Supreme Court of Judicature, comprising the High Court of Justice in Ireland and the Irish Court of Appeal.

Provisions

The Act marked the fusion of the administration of common law and equity in Ireland, although not a merger of the jurisdictions themselves. Prior to the Act coming into force a litigant had to sue in equity in the Irish Chancery and at common law in the common law courts.

Mirroring earlier legislation applying to England and Wales, the Act merged the Court of King's Bench (Ireland), Court of Chancery, Court of Exchequer (Ireland), and Court of Common Pleas (Ireland) into a new High Court of Justice in Ireland ; the earlier courts then became divisions of the new court. The Act also created a new Court of Appeal for Ireland. Amending legislation later abolished all but the King's Bench Division and Chancery Division of the High Court.

Partition and subsequent developments

The "Supreme Court of Judicature in Ireland" that was created by the 1877 Act was abolished by the Government of Ireland Act 1920, s. 38;^[3] in its place were established a separate Supreme Court of Judicature for each of Northern Ireland and Southern Ireland, together with an overarching "High Court of Appeal for Ireland" with appellate jurisdiction for the whole of Ireland. The two new Supreme Courts of Judicature were constituted on a similar basis to the court they replaced, with both being made up of a High Court of Justice and a Court of Appeal (ss. 39, 40).

Republic of Ireland

Article 75 of the Constitution of the Irish Free State carried over the existing court structure for Southern Ireland; this included the courts established under the 1920 Act, with the exception of the High Court of Appeal for Ireland, which was abolished by the UK's Irish Free State (Consequential Provisions) Act 1922. Subsequently, the Courts of Justice Act 1924 transferred the jurisdiction of the High Court of Justice to the court of the same name created by that Act,^[4] and the jurisdiction of the Court of Appeal to the Supreme Court of Justice.^[5] Both these jurisdictions have been continued by subsequent legislation.^[6] However, the Supreme Court of Judicature Act (Ireland) 1877 has never been repealed in the Republic and thus remains part of its law; the Act was expressly preserved in force by the Statute Law Revision Act 2007.

Northern Ireland

In Northern Ireland the Act was repealed by the Judicature (Northern Ireland) Act 1978.^[7] However, that Act established a new Supreme Court of Judicature that is of largely the same shape as that established under the 1920 Act, although it also includes a Crown Court in Northern Ireland (which tries indictable offences). Since the establishment of the Supreme Court of the United Kingdom, Northern Ireland's Supreme Court has been known as the Court of Judicature in Northern Ireland.

References

↑
↑ The short title of the Act as given by s. 1 was "Supreme Court of Judicature Act (Ireland), 1877"; however, the Act is often cited instead as the "Supreme Court of Judicature (Ireland) Act 1877".
↑ Government of Ireland Act 1920, s. 38
↑ Courts of Justice Act 1924, s. 17
↑ Courts of Justice Act 1924, s. 18
↑ Courts (Establishment and Constitution) Act 1961; Courts (Supplementary Provisions) Act 1961, ss. 7(2)(a) and 8(2)(a).
↑ Judicature (Northern Ireland) Act 1978, sch. 7.

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

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