Vice-Chancellor (UK Legal System)
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The chancellor of the High Court is the head of the
Chancery Division The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...
of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and King's Bench) sit by virtue of their offices often, as and when their expertise is deemed relevant, in a panel in the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
. As such this judge ranks equally to the
President of the Family Division The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales and head of Family Justice. The Family Division was created in 1971 when Admiralty and contentious probate cases were remove ...
and the President of the King's Bench Division. From 1813 to 1841, the solitary and from 1841 to 1875, the three ordinary judges of the
Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
– rarely a
court of first instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...
until 1855 – were called vice-chancellors. The more senior judges of the same court were the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
and the
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales ...
(who were moved fully to the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
above in 1881). Each would occasionally hear cases alone or make declarations on paper applications alone. Partly due to the old system of many pre-pleadings, pleadings, and hearings before most cases would reach Chancery the expense and duration of proceedings was pilloried in art and literature before the reforms of the late 19th century.
Charles Dickens Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English novelist, journalist, short story writer and Social criticism, social critic. He created some of literature's best-known fictional characters, and is regarded by ...
set ''
Bleak House ''Bleak House'' is a novel by English author Charles Dickens, first published as a 20-episode Serial (literature), serial between 12 March 1852 and 12 September 1853. The novel has many characters and several subplots, and is told partly by th ...
'' around raised hopes in ('' Jarndyce and Jarndyce'') a near-incomprehensible, decades-long case in Chancery, involving a decision on an increasingly old
will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...
which was rendered useless as all of the deceased's wealth was – unknowingly to the prospective beneficiaries – absorbed in legal costs. Reform swiftly followed. Certain acts of Parliament between the 1870s and 1899 (the
Judicature Acts In the history of the courts of England and Wales, the Judicature Acts were a series of acts of the Parliament of the United Kingdom, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The ...
) merged the courts of law and those of equity and enacted a halt to the position of vice-chancellor – which lasted from 1875 until 1971. From 1971 until October 2005, the revived high judicial office was called the Vice-Chancellorship (and the judge bore the title Vice-Chancellor). The holder nominally acted as the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
's deputy in the English legal system and as head of the Chancery Division. The key duties of this judge have not changed in substance since 1971.


Ireland

An equivalent position existed in Ireland between 1867 and 1904 (Vice-Chancellor of Ireland) when the office was abolished. Throughout that period it was held by Hedges Eyre Chatterton (who was born in Cork and died in 1910 aged 91).


Vice-chancellors, 1813–1875

Because of an increase in caseload in the
Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
for its two judges (the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
and the
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales ...
), an additional judicial office, the Vice-Chancellor of England, was created by the Administration of Justice Act 1813 to share the work. With the transfer of the equity jurisdiction to the Court of Chancery from the Court of Exchequer, two vice-chancellors were added in 1841 by the Chancery Act 1841, with the caveat that no successor for the second of the two new judges ( James Wigram) could be appointed. Lancelot Shadwell (the Vice-Chancellor of England at the time the bill came into effect) died in office in 1850 and the three vice-chancellors became of equal status, with the "of England" dropped. In 1851, Parliament relented so a successor to Wigram could be named to keep the number at three ( George Turner), but again with the caveat (that proved temporary) that no future successor could be appointed. The caveat was lifted by section 52 of the Master in Chancery Abolition Act 1852, so the number became fixed at three until the next major court reforms. After the
Judicature Acts In the history of the courts of England and Wales, the Judicature Acts were a series of acts of the Parliament of the United Kingdom, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The ...
, which merged the Court of Chancery and various other courts into the new
High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal (England and Wales), Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cour ...
, came into force, new vice-chancellors were not appointed: new judges of the Chancery Division became styled "Mr. Justice ..." like other High Court judges (adopting the style of the pre-merger common law courts). * 10 April 1813: Sir Thomas Plumer * 17 January 1818: Sir John Leach * 2 May 1827: Sir Anthony Hart * 31 October 1827: Sir Lancelot Shadwell * 28 October 1841 – 1851: Sir James Lewis Knight-Bruce * 28 October 1841 – 1850: Sir James Wigram * 2 November 1850 – 1851: Sir Robert Monsey Rolfe ''(The Lord Cranworth from 12 December 1850)'' * 2 April 1851 – 1853: Sir George Turner * 20 October 1851 – 1866: Sir Richard Torin Kindersley * 20 October 1851 – 1852: Sir James Parker * 20 September 1852 – 1871: Sir John Stuart * 10 January 1853 – 1868: Sir William Wood * 1 December 1866 – 1881: Sir Richard Malins * 13 March 1868 – 1869: Sir George Markham Giffard * 2 January 1869 – 1870: Sir William Milbourne James * 4 July 1870 – 1886: Sir James Bacon * 18 April 1871 – 1873: Sir John Wickens * 11 November 1873 – 1882: Sir Charles Hall


Vice-chancellors, 1971–2005

A new judicial post of Vice-Chancellor (its last holder having been that of 1882) was created by section 5 of the Administration of Justice Act 1970, which came into effect on 1 October 1971. Under its provisions the Vice-Chancellor was appointed by the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
(president of the Chancery Division). He became responsible to the latter for administering the division. The Senior Courts Act 1981 made the position one appointed by the Queen (like the
President of the Family Division The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales and head of Family Justice. The Family Division was created in 1971 when Admiralty and contentious probate cases were remove ...
) and made the Vice-Chancellor vice-president of the Chancery Division. *1971: Sir John Pennycuick *1974: Sir Anthony Plowman *1976: Sir Robert Megarry *3 June 1985: Sir Nicolas Browne-Wilkinson *1 October 1991: Sir Donald Nicholls *3 October 1994: Sir Richard Scott *17 July 2000: Sir Andrew Morritt (Chancellor of the High Court after the relevant provisions of the
Constitutional Reform Act 2005 The Constitutional Reform Act 2005 (c. 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law ...
came into effect on 1 October 2005.)


Chancellor of the High Court, 2005–present

The
Constitutional Reform Act 2005 The Constitutional Reform Act 2005 (c. 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law ...
removed the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
's role as a judge. As one of the judicial roles of the office was president of the Chancery Division, the office of Vice-Chancellor was renamed Chancellor of the High Court and replaced the Lord Chancellor. The name change took effect on 1 October 2005, but some of the responsibilities (including the presidency of the division) did not transfer until 3 April 2006. *1 October 2005: Sir Andrew Morritt (Vice-Chancellor before the relevant provisions of the Constitutional Reform Act 2005 came into effect on 1 October 2005.) *11 January 2013: Sir Terence Etherton *24 October 2016: Sir
Geoffrey Vos Sir Geoffrey Charles Vos (born 22 April 1955) is a judge in England and Wales. Since January 2021, he has held the positions of Master of the Rolls and the Head of Civil Justice in England and Wales. Early life and education Geoffrey Charles ...
*3 February 2021: Sir Julian Flaux


See also

*
Lord Chief Justice of England and Wales The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales. Until 2005 the lord chief justice was the second-most senior judge of the English and ...
*
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales ...
* President of the King's Bench Division *
President of the Family Division The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales and head of Family Justice. The Family Division was created in 1971 when Admiralty and contentious probate cases were remove ...


References

* ''A History of English Law, Vol. I'', by Sir William Holdsworth (Methuen & Co, 1961 reprint) * ''Twentieth-Century British Political Facts 1900–2000'', by David Butler and Gareth Butler (Macmillan Press 2000) * Joseph Haydn, ''The Book of Dignities'', 1894


External links


New legal year sees new team take up posts
{dead link, date=August 2017 , bot=InternetArchiveBot , fix-attempted=yes Department for Constitutional Affairs press release, 3 October 2005)
Lists of Judges
from the Department for Constitutional Affairs High Court High Court of Justice English civil law