Administration of Justice Act 1696 explained

Short Title:Administration of Justice Act 1696[1]
Parliament:Parliament of England
Type:Act
Long Title:An Act for the better preventing of frivolous and vexatious Suits.[2]
Year:1696
Statute Book Chapter:8 & 9 Will. 3. c. 11
Royal Assent:8 March 1697
Repealing Legislation:Statute Law Revision Act 1948
Status:repealed
Original Text:https://www.british-history.ac.uk/statutes-realm/vol7/pp201-203

The Administration of Justice Act 1696 (8 & 9 Will. 3. c. 11) was an Act of the Parliament of England, originally titled An Act for the better preventing of frivolous and vexatious Suits.

Repeals

Sections 1 to 3 and 5 to 7 were repealed by section 2 of, and Part II of the Schedule to, the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59). This repeal did not operate in respect of any court other than the Supreme Court of Judicature in England.[3]

Sections 1 to 3 and 5 to 7 were repealed by section 4 of the Statute Law Revision and Civil Procedure Act 1883. But see section 7 of that Act as to the Lancaster Palatine Court and the inferior civil courts (now abolished).

Sections 99(1)(f) and (g) of, and Schedule 1 to, the Supreme Court of Judicature (Consolidation) Act 1925 provided that the whole Act, so far as unrepealed, could be repealed by rules of court made under section 99 of the Supreme Court of Judicature Act 1925.

Section 4 was repealed by section 2 of, and Part I of the Schedule to, the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59).

In Section 8, the words from "from and after" to "ninety and seven" were repealed by section 1 of, and schedule 1 to, the Statute Law Revision Act 1948.

Case reference

The Act was referred to by the Lord Chancellor in the House of Lords decision on Clydebank Engineering and Shipbuilding Co. Ltd. v. Don Jose Ramos Yzquierdo y Castaneda (1904) as the law "upon which English lawyers rely" for making the distinction between damages and penalties.[4]

See also

References

Notes and References

  1. The citation of this Act by this short title was authorised by section 5 of, and Schedule 2 to, the Statute Law Revision Act 1948. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. These words are printed against this Act in the second column of Schedule 2 to the Statute Law Revision Act 1948, which is headed "Title".
  3. The Civil Procedure Acts Repeal Act 1879, section 4(2)
  4. http://www.bailii.org/uk/cases/UKHL/1904/1904_7_F_HL_77.html Clydebank Engineering and Shipbuilding Co., Limited v. Don Jose Ramos Yzquierdo y Castaneda