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Court of Appeal in Chancery

From Wikipedia, the free encyclopedia

TheCourt of Appeal in Chancery was created in 1851 to hear appeals of decisions and decrees made in theChancery Court. The appeals in the court were heard by theLord Chancellor alone, or as a tripartite panel (supplemented by twoLords Justices of Appeal). Cases here could be further appealed to theHouse of Lords.

Previous mechanism

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Prior to the creation of the Court of Appeal in Chancery, the Lord Chancellor of the Chancery Court heard appeals as part of the Chancery Court caseload.

Functions

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The court was created in 1851 to hear appeals of decisions made by the Vice Chancellors and the Master of the Rolls inChancery Court. The appeals in the court were heard by theLord Chancellor alone as under the previous mechanism,[1][2] or as a tripartite panel (supplemented by twoLords Justices of Appeal). Cases here could be further appealed to theHouse of Lords.

Successor court

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The Court of Appeal in Chancery became incorporated into and superseded byCourt of Appeal of England and Wales, uniting the other common branches of the civil law and all of the criminal law, which was established later in 1875.

Ireland

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Analogous to the English court, theCourt of Appeal in Chancery in Ireland was created in 1857 to hear appeals from theIrish Court of Chancery, and also from theEncumbered Estates' Court.[3] It was subsumed into theCourt of Appeal in Ireland created by theSupreme Court of Judicature Act (Ireland) 1877. Sitting with theLord Chancellor of Ireland was a singleLord Justice of Appeal in Chancery in Ireland,Francis Blackburne until 1866,Abraham Brewster from 1866 until 1867[4] andJonathan Christian from 1867.

References

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  1. ^See example ofDillwyn v Llewelyn
  2. ^"Dillwyn v Llewelyn [1862] EWHC Ch J67 (12 July 1862)". Bailii.org. Retrieved7 September 2022.
  3. ^Chancery Appeal Court (Ireland) Act 185619 & 20 Vict. c. 92
  4. ^Boase, George C (1886)."Brewster, Abraham (1796–1874), lord chancellor of Ireland".Dictionary of National Biography Vol. VI. Smith, Elder & Co. Retrieved14 November 2007.
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