Judicature (Northern Ireland) Act 1978

Part I — Constitution of the Court of Judicature of Northern Ireland

The Supreme Court

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There shall be a Court of Judicature of Northern Ireland (in this Act referred to as “the Court of Judicature”) which shall consist of—

• (a) Her Majesty’s High Court of Justice in Northern Ireland (in this Act referred to as “the High Court”);

• (b) Her Majesty’s Court of Appeal in Northern Ireland (in this Act referred to as “the Court of Appeal”); and

• (c) Her Majesty’s Crown Court in Northern Ireland (in this Act referred to as “the Crown Court”),

with such jurisdiction as is respectively conferred on those courts by this Act or by any other statutory provision.

The High Court

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• (1) The High Court shall consist of the Lord Chief Justice of Northern Ireland (in this Act referred to as “the Lord Chief Justice”). . . and not more than fifteen puisne judges who shall be styled “ Judges of the High Court.”

• (2) All the judges of the High Court shall, save as in this Act otherwise expressly provided, have in all respects equal jurisdiction and shall be addressed in the manner in which judges of the High Court of Justice in Northern Ireland were customarily addressed heretofore.

• (3) The Department of Justice may, with the agreement of the Northern Ireland Judicial Appointments Commission, by order from time to time amend subsection (1) so as to vary the maximum number of puisne judges.

• (4) Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 does not apply in relation to puisne judges.

The Court of Appeal

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• (1) The Court of Appeal shall consist of the Lord Chief Justice. . . and three other judges who shall be styled “Lords Justices of Appeal”.

• (2) Every judge of the High Court shall be a judge of the Court of Appeal for the purposes of its jurisdiction in a criminal cause or matter and for those purposes shall have all the jurisdiction of a judge of the Court of Appeal.

• (3) All the judges of the Court of Appeal shall, save as in this Act otherwise expressly provided, have in all respects equal jurisdiction and shall be addressed in the manner in which judges of the Court of Appeal in Northern Ireland were customarily addressed heretofore.

• (4) The Department of Justice may, with the agreement of the Northern Ireland Judicial Appointments Commission, by order from time to time amend subsection (1) so as to vary the number of Lords Justices of Appeal.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The Department of Justice may by order from time to time create divisions or additional divisions of the Court of Appeal or provide any division be abolished; and any such order—

• (a) may contain such provision as may appear to the Department to be necessary or proper for that purpose; and

• (b) may amend or repeal any statutory provision (including any provision of this Act) so far as it appears to the Department to be necessary or expedient in consequence of the order.

The Crown Court

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• (1) There shall be a Crown Court in Northern Ireland whose jurisdiction shall be exercisable by the Lord Chief Justice ..., any judge of the High Court or the Court of Appeal or any county court judge.

• (2) The persons mentioned in subsection (1) shall, when exercising the jurisdiction of the Crown Court, be judges of the Crown Court but a county court judge shall not, except when exercising such jurisdiction, be deemed to be a judge of the Court of Judicature.

• (3) In any statutory provision relating to the Crown Court (including a provision of this Act) references to a judge of the High Court shall include references to a judge of the Court of Appeal.

Divisions of the High Court

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• (1) There shall be three divisions of the High Court, namely—

• (a) the Chancery Division;

• (b) the Queen’s Bench Division; and

• (c) the Family Division.

• (2) The Department of Justice may by order from time to time create additional divisions of the High Court or provide that any division be abolished and any such order may contain such provision as may be necessary or proper for that purpose.

• (3) A judge of the High Court may sit in any division.

• (4) Without prejudice to any statutory provision relating to or affecting the distribution of business in the High Court, all jurisdiction vested in the High Court shall belong to all the divisions alike.

Judges of one court empowered to assist another

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• (1) A Lord Justice of Appeal may at any time at the request of the Lord Chief Justice sit and act as a judge of the High Court.

• (2) A judge of the High Court shall, if requested to do so by the Lord Chief Justice, sit and act as a judge of the Court of Appeal when that court is exercising jurisdiction other than jurisdiction in a criminal cause or matter.

Further assistance for transaction of judicial business

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• (1) A person who not being a judge of the High Court or the Court of Appeal—

• (a) holds or has held the office of a judge of the Supreme Court and before his appointment to that office was a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature, of at least ten years’ standing; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may [at anytime] at the request of the Lord Chief Justice sit and act as a judge of the High Court or the Court of Appeal at any time on or before the day on which he attains the age of seventy-five.

• (2) A county court judge shall, if requested to do so by the Lord Chief Justice, sit and act as a judge of the High Court.

• (3) The Northern Ireland Judicial Appointments Commission may appoint a person qualified for appointment as a judge of the High Court to sit and act as a judge of the High Court as a temporary measure in order to facilitate the disposal of business in the High Court or the Crown Court.

• (4) For any period during which a person who does not hold office as a judge of the Supreme Court or as a county court judge sits and acts under this section the Department of Justice shall pay to him such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.

• (5) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Additional provisions as to persons rendering judicial assistance

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• (1) A person may sit and act under section 6 or 7 as a judge of a court for the purpose of a particular case or cases or during a specified period and whether or not all the judges of that court are sitting or are available to sit.

• (1A) For this purpose, an appointment under section 7(3) is to be made for—

• (a) a particular case or cases determined by the Lord Chief Justice or a person within section 7(5)(a) or (b) nominated by the Lord Chief Justice to make determinations under this paragraph, or

• (b) a period specified by the Northern Ireland Judicial Appointments Commission with the agreement of the Department of Justice .

• (2) Every person while sitting and acting under section 6 or 7 shall, subject to subsection (3), be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is sitting and acting.

• (3) A person shall not by virtue of subsection (2) be treated as a judge of the court in which he is sitting and acting for the purposes of any statutory provision relating to—

• (a) the appointment, retirement, removal or disqualification of judges of that court;

• (b) the tenure of office and oaths to be taken by such judges; or

• (c) the remuneration, allowances or pensions of such judges.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Qualifications of judges of High Court and Court of Appeal

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A person is not qualified for appointment as Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court unless he is—

• (a) a member of the Bar of Northern Ireland of at least ten years’ standing; or

• (b) a solicitor of the Court of Judicature of at least ten years’ standing.

Judicial precedence

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• (1) The Lords Justices of Appeal shall rank among themselves according to the priority of their appointment as judges of the Court of Appeal.

• (2) The judges of the High Court shall rank next after the judges of the Court of Appeal and among themselves according to the priority of their appointment as judges of the High Court.

Exercise of functions of Lord Chief Justice

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• (1) Anything which by virtue of this Act or any other statutory provision is for the time being authorised or required to be done to or by the Lord Chief Justice may, if the Lord Chief Justice is not available because of absence or other reason or if his office is vacant, be done during such unavailability or vacancy to or by the senior Lord Justice of Appeal who is available.

• (2) Nothing in subsection (1) shall confer on a Lord Justice of Appeal the power of making a permanent appointment to any office.

Appointment of judges

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• (1) Whenever the office of Lord Chief Justice is vacant, Her Majesty may appoint a qualified person to that office by letters patent under the Great Seal of Northern Ireland.

• (2) Her Majesty may, from time to time, appoint a qualified person as a Lord Justice of Appeal by letters patent under the Great Seal of Northern Ireland (but subject to the limit on numbers for the time being imposed by section 3).

• (3) Her Majesty's powers of appointment under this section are exercisable on the Prime Minister's recommendation.

• (4) The Prime Minister must make a recommendation to fill any vacancy in the office of Lord Chief Justice or Lord Justice of Appeal.

• (5) Subsection (4) does not apply to a vacancy in the office of Lord Justice of Appeal while the Lord Chief Justice agrees that it may remain unfilled.

• (6) Before making a recommendation, the Prime Minister must consult—

• (a) the Lord Chief Justice or, if that office is vacant or the Lord Chief Justice is not available, the senior Lord Justice of Appeal who is available, and

• (b) the Northern Ireland Judicial Appointments Commission.

Tenure of office, oath, etc.

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vacation of office

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• (1) The Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court may vacate his office by resignation in writing under his hand addressed to Her Majesty.

• (2) The High Court and the Court of Appeal shall be deemed to be duly constituted during and notwithstanding any vacancy in the office of any judge of either court.

• (3) Nothing in subsection (1) shall affect the operation of section 12 of the Administration of Justice Act 1973 (retirement of higher judiciary in the event of incapacity).

Power of judges to act in cases relating to rates and taxes

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• (1) The Lord Chief Justice, a Lord Justice of Appeal, a judge of the High Court or a judge of the Crown Court shall not be incapable of acting in his judicial office in any proceeding by reason of his being as one of several ratepayers or as one of any other class of persons liable, in common with others, to contribute to or eligible to be benefited by any rate or tax which may be increased, diminished or in any way affected by that proceeding.

• (2) In this section the expression “rate or tax” means any rate, tax, duty or assessment whether public, general or local, and also any fund formed from the proceeds of any such rate, tax, duty or assessment, or applicable to the purposes to which any such rate, tax, duty or assessment might be applied or similar purposes.

Part II — The High Court

General jurisdiction

General jurisdiction of the High Court and its judges

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• (1) The High Court shall be a superior court of record.

• (2) There shall, subject to the provisions of this Act, be exercisable by the High Court—

• (a) all such jurisdiction as was heretofore capable of being exercised by the High Court of Justice in Northern Ireland;

• (b) such other jurisdiction as is conferred by this Act or as may from time to time be conferred on the High Court by any subsequent statutory provision.

• (3) The jurisdiction vested in the High Court shall, save as provided by this Act, include the jurisdiction heretofore capable of being exercised by the High Court of Justice in Northern Ireland or by any division or judge or officer thereof in pursuance of any statutory provision, prerogative, law or custom and also all ministerial and other powers, duties and authorities incident to any and every part of the jurisdiction so vested.

• (4) In addition to the jurisdiction and functions exercisable by him under or by virtue of any other provision of this Act, the Lord Chief Justice may, save as provided by this Act, exercise all the jurisdiction and ministerial and other powers, duties and authorities which, in pursuance of any statutory provision, prerogative, law or custom, were heretofore capable of being exercised by the Lord Chief Justice of Northern Ireland otherwise than as a judge of the High Court or Court of Appeal.

• (5) Except where a statutory provision otherwise provides, any jurisdiction of the High Court or a division thereof shall be exercised by a single judge.

• (6) The generality of this section is not limited by any other provision of this Act.

Assignment of business to judges

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Without prejudice to section 5(3), the Lord Chief Justice may assign to any judge of the High Court any part of the business of that court or of any division thereof and, in particular, may assign to such a judge, to be known as the Chancery Judge, the whole or any part of the business of the Chancery Division.

Supervisory and declaratory jurisdiction

Application for judicial review

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• (1) Rules of court shall provide for a procedure, to be known as an application for judicial review, under which application may be made to the High Court for one or more of the following forms of relief, that is to say, relief by way of—

• (a) an order of mandamus;

• (b) an order of certiorari;

• (c) an order of prohibition;

• (d) a declaration;

• (e) an injunction.

• (2) Without prejudice to the generality of subsection (1), the rules shall provide—

• (a) that leave of the court shall be obtained before any application for judicial review, other than an application for an order of certiorari by the Attorney General acting on behalf of the Crown, is made;

• (b) that such leave shall not be granted if, having regard to the nature of the persons and bodies against whom relief may be granted by way of an order of mandamus, prohibition or certiorari, the court is satisfied that the case is one in respect of which of which relief could not be granted by way of any such order;

• (c) that, where leave is so obtained, the grounds relied on and the relief granted shall only be one or more of those specified in the application;

• (d) that the court may direct, or grant leave for, the application to be amended to specify different or additional grounds or relief; and

• (e) that the court may, subject to subsection (6), direct pleadings to be delivered or authorise or require oral evidence to be given where this appears to the court to be necessary or desirable.

• (3) On an application for judicial review the court may grant any of the forms of relief mentioned in subsection (1)(a) to (e) which the applicant has claimed and to which he appears to be entitled whether or not he appears to be entitled to any of the other forms of relief so mentioned, whether claimed or not.

• (4) The court shall not grant any relief on an application for judicial review unless it considers that the applicant has a sufficient interest in the matter to which the application relates.

• (5) Without prejudice to section 25 of this Act or to Article 159 of the Magistrates’ Courts (Northern Ireland) Order 1981, where, on an application for judicial review, the court finds that—

• (a) the sole ground of relief established is a defect in form or a technical irregularity; and

• (b) no substantial wrong and no miscarriage of justice has occurred or no remedial advantage could accrue to the applicant,

the court may refuse relief and, where a lower deciding authority has exercised jurisdiction, may make an order, having effect from such time and on such terms as the court thinks just, validating any decision or determination of the lower deciding authority or any act done in consequence thereof notwithstanding that defect or irregularity.

• (6) No return shall be made to orders of mandamus, prohibition or certiorari and no pleadings in prohibition shall be allowed but, subject to any right of appeal, such orders shall be final.

• (7) For references in any statutory provision coming into operation as respects Northern Ireland before 15th September 1965 to a writ of mandamus, prohibition or certiorari there shall be substituted references to the corresponding order and for references to the issue or award of any such writ there shall be substituted references to the making of the corresponding order.

Stay and interim relief

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On an application for judicial review, the High Court may grant a stay of proceedings or of enforcement of an order or may grant such interim relief as it considers appropriate pending final determination of the application.

Damages

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In proceedings on an application for judicial review the High Court may, in lieu of or in addition to any other relief, award damages to an applicant, if—