The Court of Chancery of the County Palatine of Lancaster was a court of chancery that exercised jurisdiction within the County Palatine of Lancaster until it was merged with the High Court and abolished in 1972.
Constitution By a charter of Edward III dated the 6 March 1351,Hardy, Charters of the Duchy of Lancaster, p 9. Halsbury's Laws of England, First Edition, 1909, vol 9, p 120, footnote n. there was granted for life to Henry, Duke of Lancaster (inter alia), a court of chancery, a chancellor,The first Chancellor of the Duchy was Sir Henry de Haydock, 1532, and the first Chancellor of the County Palatine was Thomas de Thelwall, appointed 16 April 1377 (Baines, History of Lancashire, vol 1, p 182). Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote o. and such other jura regaliaUntil 1873 the County Palatine had also its own Court of Common Pleas and special commissions of assize were issued in regard thereof (the Supreme Court of Judicature Act 1873 (36 & 37 Vict. c. 66), section 99). The appointment of justices of the peace was not affected by the said section 99, and in 1909 they were still appointed by Chancellor of the Duchy. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote p. in the county of Lancaster as pertained to a count palatine. On 28 February 1377,Hardy, Charters of the Duchy of Lancaster, p 32. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote a. a similar charter was granted for the term of his life to John, King of Castile and Leon, Duke of Lancaster. On 16 February 1390,Hardy, Charters of the Duchy of Lancaster, p 65. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote b. Richard II by charter granted these jura regalia to the Duke of Lancaster and his heirs male. Henry IV on his accession by a charter of the 14 October 1399,Hardy, Charters of the Duchy of Lancaster, p 102. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote c. declared that these jura regalia were not to be changed by the King's accession and severed the Duchy from the Crown, the reason being that he had the Duchy by a sure and indefeasible title, but specially because his title to the Crown was not so assured, as the right to the Crown was in the heir of Lionel, Duke of Clarence, second son of Edward III.4 Co Inst 205. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote d. From that time the county palatine of Lancaster remained in the possession of the Sovereign as an inheritance separate from the Crown.Halsbury's Laws of England, First Edition, 1909, vol 9, pp 120 & 121, para 255
The county palatine of Lancaster under these charters had a court called the Court of Chancery of Lancaster, which was by 1909 regulated by a number of statutes, and also an Attorney General of the County Palatine and Duchy of Lancaster.The Court of Chancery of Lancaster Act 1850 (13 & 14 Vict. c. 43); the Court of Chancery of Lancaster Act 1854 (17 & 18 Vict. c. 82); the Chancery of Lancaster Act 1890 (53 & 54 Vict. c. 23); the Chancery Amendment Act 1858 (21 & 22 Vict. c. 27); and the Chancery Regulation Act 1862 (25 & 26 Vict. c. 42). Both Chancery Amendment Act 1858 and the Chancery Regulation Act 1862 were repealed by the Statute Law Revision and Civil Procedure Act 1883 (46 & 47 Vict. c. 49), with the proviso that they were to be construed as if contained in a local and personal Act relating to the Court of Chancery of Lancaster. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote e.Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, para 255
Jurisdiction and appeals
Jurisdiction
The Court of Chancery of Lancaster had within the county palatine the like powers and jurisdiction as the High Court of Justice in its Chancery Division.The Chancery of Lancaster Act 1890 (53 & 54 Vict. c. 23), section 3. Halsbury's Laws of England, First Edition, 1909, vol 9, p 121, footnote f. The jurisdiction was thus unlimited in amount, although limited in area. The jurisdiction was concurrent with that of the High Court of Justice,Wynne v Hughes (1859) 26 Beav 377; Re Yates, Bradley v Stelfox (1862) 3 De G J & Sm 402; Re Alison's Trusts and Re Johnson (Infants) (1878) 8 Ch D 1 at 9, CA. See also the report in 26 WR 450, per Jessel MR, at p 453: "It must be remembered that the Palatine Court and the High Court are co-ordinate jurisdictions". Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 121, footnote g. and depended upon the existence within the jurisdiction of the persons, though not of the property, in question.Re Longdendale Cotton Spinning Co (1878) 8 Ch D 150. See also Dunmore v Wharam (1898) 67 LJ (Ch) 221; Re State Banking Corporation Ltd (1907) 51 Sol Jo 265. Halsbury's Laws of England, 1st ed., 1909, vol. 9, pp. 121–122, footnote h. If, however, any action was commenced in the palatine court which was not within the ancient chancery jurisdiction of the court,Section 23 of the Court of Chancery of Lancaster Act 1850 (13 & 14 Vict. c. 43) abolished the jurisdiction of the Palatine Court over persons of unsound mind. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote i. and would not if commenced in the High Court be assigned to the Chancery Division, it could be transferred to the High Court by Chancery Court of Lancaster or the Court of Appeal.The Chancery of Lancaster Act 1890 (53 & 54 Vict. c. 23), section 5. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote k.Halsbury's Laws of England, 1st ed., 1909, vol 9, pp 121–122, para 256
This court also possessed the summary jurisdiction of the Chancery Division,The Court of Chancery of Lancaster Act 1850 (13 & 14 Vict. c. 43), section 11. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote l. the statutory jurisdiction as to the property of infants and other persons under disability, power to administer assets,The Court of Chancery of Lancaster Act 1854 (17 & 18 Vict. c. 82), section 12. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote m. as well as jurisdiction under the Conveyancing and Law of Property Act 1881 (44 & 45 Vict. c. 41),The Conveyancing and Law of Property Act 1881 (44 & 45 Vict. c. 41), section 69(9). Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote n. the Trustee Act 1893 (56 & 57 Vict. c. 53),The Trustee Act 1893 (56 & 57 Vict. c. 53), section 46. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote o. and the Judicial Trustee Act 1896 (59 & 60 Vict. c. 35),The Judicial Trustee Act 1896 (59 & 60 Vict. c. 35), section 2. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote p. and as to money paid into courtThe Court of Chancery of Lancaster Act 1850 (13 & 14 Vict. c. 43), section 12. Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote q. under the Lands Clauses Consolidation Act 1845 (8 & 9 Vict. c. 18).The Lands Clauses Consolidation Act 1845 (8 & 9 Vict. c. 18). Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, footnote r.Halsbury's Laws of England, 1st ed., 1909, vol. 9, p. 122, para 256
Juries
The court had the power to direct that any question of fact arising in a suit or proceeding be tried by a special or common jury before the court itself,The Chancery Amendment Act 1858 (21 & 22 Vict. c. 27), section 3; Yates v Kyffin-Taylor and Wark WN 141. Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, footnote s. or to direct an issue to try any question of fact by a jury at the assizes.The Chancery Regulation Act 1862 (25 & 26 Vict. c. 42), section 2; Yates v Kyffin-Taylor and Wark WN 141. Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, footnote a.Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, para 257
Patents
The Chancery Court of Lancaster was not a court, nor was the Vice-Chancellor a judge, within the meaning of the Patents and Designs Act 1907 (7 Edw. 7. c. 29);The Patents and Designs Act 1907 (7 Edw. 7. c. 29). Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, footnote b. the Vice-Chancellor had not power to grant a certificate that the validity of a patent came into question in an action for infringement so as to entitle the patentee to solicitor and client costs in a subsequent action for infringement unless the court otherwise directs.The Patents and Designs Act 1907 (7 Edw. 7. c. 29), section 35; see Proctor v Sutton Lodge Chemical Co (1888) 5 RPC 184. Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, footnote c.Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, para 258
Appeal
An appeal lay from this court to the Court of Appeal,The Supreme Court of Judicature Act 1873 (36 & 37 Vict. c. 66), section 18(2). By the Court of Chancery of Lancaster Act 1854 (17 & 18 Vict. c. 82), section 1, the Chancellor of the Duchy and the two Lords Justices of Appeal were constituted the Court of Appeal in Chancery of the County Palatine, with an appeal thence to the House of Lords (the Court of Chancery of Lancaster Act 1854 (17 & 18 Vict. c. 82), section 3). The Court of Judicature Act 1873 (36 & 37 Vict. c. 66), section 18, transferred this jurisdiction to the Court of Appeal (see Halsbury's Laws of England, First Edition, vol 9, p 62), and the sections of the Court of Chancery of Lancaster Act 1854 were repealed by the Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict. c. 59). Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, footnote d. and thence to the House of Lords.The Appellate Jurisdiction Act 1876 (39 & 40 Vict. c. 59), section 3. As to appeals, see Lee v Nuttall (1879) 12 Ch D 61, CA; Kershaw v Vickers (1868) 3 Ch App 513. Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, footnote e.Halsbury's Laws of England, First Edition, 1909, vol 9, p 122, para 259
Judges The Chancellor of the Duchy and County Palatine formerly exercised judicial functions. However, by 1909, the appointment was of a political nature, and carried with it as a rule a seat in the Cabinet. By 1909, the Vice-Chancellor, with the exception of certain interlocutory matters,The Chancery of Lancaster Rules, Ord 48. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, footnote f. performed all the judicial functions. He was appointed on the nomination of the Chancellor of the Duchy by letters patent from the Crown, which were expressed to be during pleasure, but in point of fact were . Whenever the office of Chancellor of the Duchy and County Palatine of Lancaster became vacant, the Vice-Chancellor continued in office subject to the powers of the succeeding Chancellor.The Chancery of Lancaster Act 1890 (53 & 54 Vict. c. 23), section 7. Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, footnote g.Halsbury's Laws of England, First Edition, 1909, vol 9, p 123, para 260
Procedure
Rules