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7 - The mode of trial

Published online by Cambridge University Press:  10 January 2011

J. R. Spencer
Affiliation:
University of Cambridge
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Summary

Matters of procedure are governed almost exclusively by Rules of Court made under powers given by statute. The High Court and the Court of Appeal are governed by the Rules of the Supreme Court, which are made by a Rule Committee that consists of: the Lord Chancellor, the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor and three judges of the Supreme Court, two practising barristers and two practising solicitors. The three judges and the barristers and solicitors are appointed by the Lord Chancellor. The Rules that are made must be published and laid before Parliament. County court Rules are made by a committee of five county court judges, two barristers, two registrars of county courts, and two solicitors, all appointed by the Lord Chancellor. The Rules then have to be submitted to the Lord Chancellor, who may allow, disallow or alter them. In all cases the Rules are subject to the limitation that, being delegated legislation, they can be valid only within the scope of the powers given by Parliament, but since the rule-making power is so largely vested in judges, it is unlikely that judges will find that the statutory power has been exceeded.

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Publisher: Cambridge University Press
Print publication year: 1989

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  • The mode of trial
  • J. R. Spencer, University of Cambridge
  • Book: Jackson's Machinery of Justice
  • Online publication: 10 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560071.009
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  • The mode of trial
  • J. R. Spencer, University of Cambridge
  • Book: Jackson's Machinery of Justice
  • Online publication: 10 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560071.009
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The mode of trial
  • J. R. Spencer, University of Cambridge
  • Book: Jackson's Machinery of Justice
  • Online publication: 10 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560071.009
Available formats
×