President of the Family Division

Last updated

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 removed from its predecessor, the Probate, Divorce and Admiralty Division.

Contents

The current President of the Family Division is Sir Andrew McFarlane. Sir James Munby retired as president on 27 July 2018.

Presidents of the Probate, Divorce and Admiralty Division

Presidents of the Family Division

Upon an intestate death, the property of the deceased formerly legally vested in the President of the Family Division until such a time that the Probate Registry made a grant of grant of administration to the deceased's personal representatives. The property now vests in the Public Trustee until a grant is made. [21]

See also

Notes

  1. As the Judge of the Court of Probate, Hannen became the President of the Division by virtue of section 31 of the Supreme Court of Judicature Act 1873 on 1 November 1875. [1]
  2. Under the Judicature Acts as then in effect, Butt, as the senior judge in the Division, automatically became President of the Division [2] when Hannen was appointed a Lord of Appeal in Ordinary on 29 January. [3] The law was changed by the Supreme Court of Judicature Act 1891, which made the office one appointed by the Crown.

Related Research Articles

Court of Appeal (England and Wales) Second most senior court in the English legal system

The Court of Appeal is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal.

Judicature Acts United Kingdom legislation

The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875, with a further series of amending acts.

James Hannen, Baron Hannen English judge and vegetarian

James Hannen, Baron Hannen, PC, FRS was an English judge and vegetarian.

The High Court of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies.

Robert Phillimore

Sir Robert Joseph Phillimore, 1st Baronet, was an English judge and politician. He was the last Judge of the High Court of Admiralty from 1867 to 1875 bringing an end to an office that had lasted nearly 400 years.

Chancellor of the High Court

The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions sit by virtue of their offices often, as and when their expertise is deemed relevant, in panel in the Court of Appeal. As such this judge ranks equally to the President of the Family Division and the President of the Queen's Bench Division.

Jocelyn Edward Salis Simon, Baron Simon of Glaisdale, was a Law Lord in the United Kingdom, having been, by turns, a barrister, a commissioned officer in the British Army, a barrister again, a Conservative Party politician, a government minister, and a judge.

President of the Queens Bench Division

The President of the Queen's Bench Division is the head of the Queen's Bench Division of the High Court of Justice. The current president is Dame Victoria Sharp.

Francis Jeune, 1st Baron St Helier

Francis Henry Jeune, 1st Baron St Helier,, known as Sir Francis Jeune (1891–1905), was a British judge. He was President of the Probate, Divorce and Admiralty Division of the High Court of Justice (1892–1905) and Judge Advocate General (1892–1905).

Boyd Merriman, 1st Baron Merriman

Frank Boyd Merriman, 1st Baron Merriman, known as Boyd Merriman, was a British Conservative politician and judge.

The Court of Probate was created by the Court of Probate Act 1857, which transferred the jurisdiction of the ecclesiastical courts in testamentary matters to the new court so created.

The Court for Divorce and Matrimonial Causes was created by the Matrimonial Causes Act 1857, which transferred the jurisdiction of the ecclesiastical courts in matters matrimonial to the new court so created.

Judges Council

The Judges' Council is a body in England and Wales that, representing the judiciary, advises the Lord Chief Justice on judicial matters. It has its historical roots in the original Council of the Judges of the Supreme Court, created by the Judicature Act 1873 to oversee the new Supreme Court of Judicature. This body initially met regularly, reforming the procedure used by the circuit courts, and the new High Court of Justice but met less regularly as time went on, meeting only twice between 1900 and 1907, with a gap of ten years between meetings in 1940 and 1950 respectively. After relative inactivity, it was eventually wound up through the Supreme Court Act 1981, which contained no provisions for its continued existence, something Denis Dobson attributes to newer bodies which performed the duties the Council had originally been created to do.

High Court of Justice One of the Senior Courts of England and Wales

The High Court of Justice in London, known properly as Her 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 for legal citation purposes.

Sir James Lawrence Munby is a retired English judge who was President of the Family Division of the High Court of England and Wales. He was replaced by Sir Andrew McFarlane on reaching the mandatory retirement age.

Andrew McFarlane (judge)

Sir Andrew Ewart McFarlane, PC is a British judge. He was a Lord Justice of Appeal in England and Wales from 2011 to 2018, and became President of the Family Division in July 2018 upon Sir James Munby’s retirement from that office.

Nicholas John Hannen

Sir Nicholas John Hannen was a British barrister, diplomat and judge who served in China and Japan. He was the Chief Justice of the British Supreme Court for China and Japan from 1891 to 1900 and also served concurrently as Consul-General in Shanghai from 1891 to 1897. He was judge of the British Court for Japan from 1881 to 1891. He was the brother of James Hannen, a noted British judge of the 19th century. His son, Nicholas "Beau" Hannen was a famous actor of the early and mid-20th century.

The High Court of Justice in Ireland was the court created by the Supreme Court of Judicature Act (Ireland) 1877 to replace the existing court structure in Ireland. Its creation mirrored the reform of the courts of England and Wales five years earlier under the Judicature Acts. The Act created a Supreme Court of Judicature, consisting of a High Court of Justice and a Court of Appeal.

Richard Rennie

Sir Richard Temple Rennie was a British barrister and judge who served in China and Japan. He was the Chief Justice of the British Supreme Court for China and Japan from 1881 to 1891. He was judge of the British Court for Japan from its creation in 1879 to 1881.

Sir Stephen Ogle Henn-Collins, CBE was an English barrister and High Court judge.

References

  1. Supreme Court of Judicature (Commencement) Act 1874, s. 2.
  2. House of Commons Debates 27 January 1891 c. 1154.
  3. "No. 26130". The London Gazette . 30 January 1891. p. 561.
  4. "No. 26294". The London Gazette . 3 June 1892. p. 3287.
  5. "No. 27761". The London Gazette . 3 February 1905. p. 841.
  6. "No. 28223". The London Gazette . 12 February 1909. p. 1109.
  7. "No. 28347". The London Gazette . 11 March 1910. p. 1767.
  8. "No. 30968". The London Gazette . 22 October 1918. p. 12489.
  9. "No. 31628". The London Gazette . 4 November 1919. p. 13418.
  10. "No. 33983". The London Gazette . 3 October 1933. p. 6351.
  11. "No. 42594". The London Gazette . 9 February 1962. p. 1089.
  12. "No. 45348". The London Gazette . 22 April 1971. p. 3995.
  13. "No. 47968". The London Gazette . 2 October 1979. p. 12353.
  14. "No. 51202". The London Gazette . 19 January 1988. p. 599.
  15. "No. 55633". The London Gazette . 11 October 1999. p. 10807.
  16. "No. 57612". The London Gazette . 13 April 2005. p. 4779.
  17. "No. 59393". The London Gazette . 16 April 2005. p. 6727.
  18. "Retirement of the President of the Family Division and Head of Family Justice for England and Wales" (Press release). Judiciary of England and Wales. 28 September 2012. Archived from the original on 23 December 2012. Retrieved 28 September 2012.
  19. "No. 60392". The London Gazette . 15 January 2012. p. 674.
  20. New President of the Family Division appointment: The Rt Hon Sir Andrew McFarlane
  21. Law Reform (Miscellaneous Provisions) Act 1994, section 14.