- 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.
Contents
Relevant legislation
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 That Act was repealed by section 56 of, and Schedule 11 to, the Courts Act 1971.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]
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 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]
Transistional provisions
Transitional provisions were contained in Part I of Schedule 5 to the Courts Act 1971.
Offices
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
- ^ The Durham (County Palatine) Act 1836, proviso to section 1
- ^ The Courts Act 1971, section 41(1)
- ^ The Courts Act 1971, section 57(3)(b)
Categories:- Former courts and tribunals in England and Wales
- Legal history of England
- Courts of chancery
- History of County Durham
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