Admiralty Jurisdiction and Practice

APPENDIX 2 Source Materials

5. – (1) There shall be three divisions of the High Court namely –
(a) the Chancery Division, consisting of the Chancellor of the High Court, and such of the puisne judges as are for the time being attached thereto in accordance with this section;
(b) the Queen’s Bench Division, consisting of the Lord Chief Justice, the President of the Queen’s Bench Division, the vice-president of the Queen’s Bench Division, and such of the puisne judges as are for the time being so attached thereto; and
(c) the Family Division, consisting of the President of the Family Division and such of the puisne judges as are for the time being so attached thereto.

(2) The puisne judges of the High Court shall be attached to the various Divisions by direction and any such judge may with his consent be transferred from one Division to another by direction given by the Lord Chief Justice after consulting the Lord Chancellor, but shall be so transferred only with the concurrence of the senior judge of the Division from which it is proposed to transfer him.
(3) Any judge attached to any Division may act as an additional judge of any other Division at the request of the Lord Chief Justice made with the concurrence of both of the following –

(a) the senior judge of the Division to which the judge is attached;
(b) the senior judge of the Division of which the judge is to act as an additional judge.

(4) Nothing in this section shall be taken to prevent a judge of any Division (whether nominated under section 6(2) or not) from sitting, whenever required, in a divisional court of another Division or for any judge of another Division.

(5) Without prejudice to the provisions of this Act relating to the distribution of business in the High Court, all jurisdiction vested in the High Court under this Act shall belong to all the Divisions alike.
(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

6. – (1) There shall be –
(a) as part of the Chancery Division, a Patents Court; and
(b) as parts of the Queen’s Bench Division, an Admiralty Court and a Commercial Court.

(2) The judges of the Patents Court, of the Admiralty Court and of the Commercial Court shall be such of the puisne judges of the High Court as the Lord Chief Justice may, after consulting the Lord Chancellor, from time to time nominate to be the judges of the Patents Court, Admiralty Judges and Commercial Judges respectively.
(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

[Not reproduced in this edition. For text see Appendix 2 to the 3rd edition]

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