Queen's Bench
Overview
The Queen's Bench (or King's Bench when the reigning monarch is male) is a superior court in a number of jurisdictions within some of the Commonwealth realms. The original King's Bench, founded in 1215 in England, was one of the ancient courts of the land and is now a division of the High Court of Justice of England and Wales. The Court of Queen's Bench is the superior court in several Canadian provinces, including Alberta, Manitoba, New Brunswick and Saskatchewan. It has both civil and criminal jurisdiction.
History
The King's Bench has its roots in the medieval English court system, where it was established by King John in the early 13th century. The court was originally organized to hear direct appeals from the lower courts, and its jurisdiction was primarily over civil cases involving the king's interests. Over time, the King's Bench evolved to become one of the key courts in the English legal system, with a broad jurisdiction over civil and criminal cases.
In the late 19th century, the Judicature Acts led to the merger of the King's Bench, the Court of Common Pleas, and the Court of Exchequer into the High Court of Justice. The King's Bench thus became a division of the High Court, known as the Queen's Bench Division. The Queen's Bench Division has a wide jurisdiction over all kinds of civil disputes, but it is particularly known for cases involving libel, slander, and other torts.
Jurisdiction
The Queen's Bench Division has a broad jurisdiction, covering both civil and criminal matters. In its civil jurisdiction, the court hears cases involving contract law, tort law, and property law, among others. In its criminal jurisdiction, the court hears appeals from the Crown Court, and it also has the power to review decisions of certain administrative bodies.
In addition to its general jurisdiction, the Queen's Bench Division has a number of specialist courts, including the Commercial Court, the Admiralty Court, and the Administrative Court. These courts deal with specific types of cases, such as disputes involving shipping or commercial contracts, or judicial review of administrative decisions.
Procedure
Cases in the Queen's Bench Division are usually heard by a single judge, but certain types of cases may be heard by a panel of judges. The court has the power to grant a wide range of remedies, including damages, injunctions, and declaratory judgments.
The procedure in the Queen's Bench Division is governed by the Civil Procedure Rules, which set out the rules for conducting a civil trial. The rules cover all aspects of the trial process, from the filing of the initial claim to the enforcement of the court's judgment.
Notable Cases
Over the years, the Queen's Bench Division has been involved in a number of notable cases. These include the landmark case of Donoghue v Stevenson, which established the modern law of negligence, and the case of R v Secretary of State for the Home Department, ex p Simms, which affirmed the importance of the right to a fair trial.
See Also
