The Mayor's and City of London Court is a sitting of the County Court in the City of London. It is located at Guildhall Buildings, Basinghall Street.
History
editThe current court is the successor to courts pre-dating the County Courts Act 1846 (9 & 10 Vict. c. 95),[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]
| Mayor's and City of London Court Act 1920 | |
|---|---|
| Act of Parliament | |
 | |
| Long title | An Act to amalgamate the City of London Court with the Mayor's Court of London and for purposes in connection therewith. |
| Citation | 10 & 11 Geo. 5. c. cxxxiv |
| Dates | |
| Royal assent | 16 August 1920 |
| Commencement | 1 January 1921 |
| Other legislation | |
| Repealed by | City of London (Courts) Act 1964 |
Status: Repealed | |
| Text of statute as originally enacted | |
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
editUnder 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 was the only county court not to contain "county" in its title.[11] The individual county courts have since been replaced by a single County Court for England and Wales.
See also
editFurther reading
edit- 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
edit- "Mayor's and City of London Court". courttribunalfinder.service.gov.uk.
References
edit- ^ The County Courts Act 1846, (9 & 10 Vict. c. 140)
- ^ a b Hibbert, W. Hembhard (1921). The Law of Procedure (2nd ed.). London: Sir Isaac Pitman & Sons, Limited. p. 6.
- ^ 15 & 16 Vict., c. lxxvii
- ^ a b c Polden 1999, p. 322.
- ^ County Courts Act 1867, 30 & 31 Vict., c. 142
- ^ a b 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. 5. c. cxxxiv)
- ^ "Courts Act 1971", legislation.gov.uk, The National Archives, 1971 c. 23
- ^ "The Civil Courts Order 1983", legislation.gov.uk, The National Archives, SI 1983/713
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