Mayor's and City of London Court
The Mayor's and City of London Court is a County Court in the City of London. It is located at Guildhall Buildings, Basinghall Street.
History
The current court is the successor to courts pre-dating the County Courts Act 1846,[1] which introduced the modern system of county courts. The 1846 Act deliberately did not extend to the City of London, where the prior constituted courts continued to exercise jurisdiction:
Name | Jurisdiction | |
---|---|---|
City of London Court | Known as the "Sheriff's Court" until 1852, before becoming the "City of London Small Debts Court".[3][4] Under the County Courts Act 1867,[5] it became known as the "City of London Court".[6] | Until the passage of the Local Government Act 1888, its Judge was elected by the Corporation of the City of London.[4] It had all the jurisdiction of a County Court, but persons who merely had employment in the City were also subject to its jurisdiction.[7] It had exclusive jurisdiction over cases of replevin. |
Mayor's Court | A court of great antiquity, having the status of an inferior court of record.[6] | Unlimited jurisdiction in contract, tort and ejectment, where the whole cause of action arose in the City; and jurisdiction up to £50 where part of the cause of action arose in the City, or where the defendant dwelt or carried on business there either then or within the previous six months. |
The Palace Court also exercised jurisdiction within the City in certain cases before its abolition in 1849.[4][8]
The two courts were combined with effect from 1 January 1921 by the Mayor's and City of London Court Act 1920.[9] High Court procedure was declared to apply to matters formerly dealt with by the Mayor's Court, while County Court procedure applied to matters falling under the City of London Court.[2]
1971 reform
Under s. 42 of the Courts Act 1971, the old Mayor's and City of London Court was abolished, the City of London was made a county court district, and the new county court for the city of London was given the name of its predecessor.[10] It remains the only county court not to contain "county" in its title.[11]
See also
Further reading
- Polden, Patrick (1999). "Appendix 1: The Mayor's and City of London Courts". A History of the County Court, 1846–1971. Cambridge University Press. pp. 322–325. ISBN 978-0-521-62232-5.
External links
- "Mayor's and City of London Court". courttribunalfinder.service.gov.uk.
References
- ↑ The County Courts Act 1846, (9 & 10 Vict. c. 140)
- 1 2 Hibbert, W. Hembhard (1921). The Law of Procedure (2nd ed.). London: Sir Isaac Pitman & Sons, Limited. p. 6.
- ↑ 15 & 16 Vict., c. lxxvii
- 1 2 3 Polden 1999, p. 322.
- ↑ County Courts Act 1867, 30 & 31 Vict., c. 142
- 1 2 Polden 1999, p. 323.
- ↑ Kutner v Phillips, 64 LTR 628 (1891).
- ↑ County Courts Act 1849, 12 & 13 Vict., c. 101
- ↑ The Mayor's & City of London Court Act, 1920 (10 & 11 Geo. V c. 134)
- ↑ UK Parliament. Courts Act 1971 as amended (see also enacted form), from legislation.gov.uk.
- ↑ UK Parliament. The Civil Courts Order 1983 as made, from legislation.gov.uk.
Coordinates: 51°30′55″N 0°05′29″W / 51.5153°N 0.0915°W