Court of Chancery of the County Palatine of Durham and Sadberge

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The Court of Chancery of the County Palatine of Durham and Sadberge was a court of chancery that exercised jurisdiction within the County Palatine of Durham until it was merged into the High Court in 1972.

Relevant legislation[edit]

The court was regulated by, in particular, the Palatine Court of Durham Act 1889 (52 & 53 Vict c 47). That Act was repealed by section 56 of, and Schedule 11 to, the Courts Act 1971.

Transfer of jurisdiction

Nothing contained in section 1 of the Durham (County Palatine) Act 1836 prejudiced or affected the jurisdiction of this court.[1]

Cursitor

The office of cursitor of chancery in the palatine of Durham was abolished by section 1 of the Durham Chancery Act 1869 (32 & 33 Vict c 84), which transferred the duties of that office to the registrar of the court.

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[edit]

On the appointed day the Court of Chancery of the County Palatine of Durham and Sadberge was merged with the High Court. 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 Durham and Sadberge as such.[2] The Court of Chancery of the County Palatine of Durham and Sadberge was abolished on merger with the High Court.[3]

Transitional provisions[edit]

Transitional provisions were contained in Part I of Schedule 5 to the Courts Act 1971.

Offices[edit]

Any judicial or other office in the Court of Chancery of the County Palatine of Durham and Sadberge was abolished by section 44(1)(b) of the Courts Act 1971.

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 Durham and Sadberge.

References[edit]

  1. ^ The Durham (County Palatine) Act 1836, proviso to section 1
  2. ^ The Courts Act 1971, section 41(1)
  3. ^ The Courts Act 1971, section 57(3)(b)