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PRACTICE NOTES
Jurisdiction The probate jurisdiction of the courts developed within the Ecclesiastical jurisdiction that had been in force since the 14th century. However, the procedures there were entirely different to those in their sister Courts of Chancery Law and Chancery. In particular, the Ecclesiastical Courts were concerned with: '… the demands of the law and the conscience of the Court.' (Wyatt v Ingram sub nom Ingram v Wyatt (1832) 3 Hag Ecc 466, 1 LJ Ch 135) This equitable approach developed to protect the true last wishes of the deceased against their relatives' contrary and self-seeking activities. Before 1858, jurisdiction to grant or revoke probate of Wills or letters of administration of the estates of deceased persons was vested in some 370 ecclesiastical or secular courts or persons in England and Wales in addition to the Prerogative Courts of Canterbury and York but, as a result of the Court of Probate Act 1857 which came into force on 11 January 1858, the Ecclesiastical Courts lost their jurisdiction to the Courts of Probate and Matrimonial Causes.
PRACTICE NOTES
The High Court The Business and Property Division of the High Court, which operates as part of the Business and Property Courts, undertakes a broad range of work which includes contentious probate business and claims relating to estates and trusts. Practitioners issuing proceedings in the Business and Property Division should be familiar with the Civil Procedure Rules 1998 (CPR) and the Chancery Guide which provides practical information and guidance not contained in the CPR or the PDs. The Chancery Guide is to be used in conjunction with the CPR and PDs. In particular, CPR 57 together with the Chancery Guide, para 23 for probate and inheritance claims and CPR 64 together with the Chancery Guide, para 25 for estates and trusts. In 1862, the first rules for Contentious Business were introduced. In 1873 the Probate Court was absorbed into the Probate, Divorce and Admiralty Division of the High Court with the Rules for Contentious Business being
GLOSSARY
A juror is a lay person selected to sit on a jury to hear evidence and decide questions of fact in criminal trials, and in some civil cases, in the courts of the UK and Ireland. Jurors collectively determine whether the prosecution or claimant has proved its case, usually delivering a verdict of guilty or not guilty, or liable or not liable.In England and Wales, Scotland and Northern Ireland, eligibility, disqualification and jury service procedures are primarily set out in statutes such as the Juries Act 1974, the Juries (Northern Ireland) Order 1996 and the Criminal Justice (Scotland) Act 2016, supplemented by extensive case law on jury fairness and impartiality. In Ireland, the Juries Act 1976 (as amended) performs a similar role.Jurors must be impartial, decide only on the evidence and judicial directions given in court, and must not conduct their own investigations or discuss the case outside the jury room. They are usually selected at random from the electoral register, then vetted and empanelled in open court. Across all four jurisdictions, jurors play a central role in safeguarding the right to trial by jury and public confidence in the administration of justice.
GLOSSARY
A jury is a panel of lay people selected to decide questions of fact at a trial, most commonly in criminal proceedings. In England & Wales, Scotland, Northern Ireland and Ireland, juries typically consist of 12 jurors who determine guilt or innocence on the basis of evidence presented, applying legal directions given by the judge. The role, composition and eligibility criteria for jurors are set out principally in statute (for example, the Juries Act 1974 in England & Wales; the Juries (Northern Ireland) Order 1996; the Juries Act 1976 in Ireland), supplemented by case law on issues such as bias, misconduct and the secrecy of jury deliberations. In Scotland, juries in solemn criminal cases have 15 members and can return verdicts by simple majority, with the distinct verdicts of guilty, not guilty and not proven. Jury trial in civil cases is now rare across the UK and Ireland, surviving mainly for defamation, false imprisonment and some personal injury actions, subject to judicial discretion. The jury is a central institution of adversarial trial, underpinning public participation, open justice and the legitimacy of verdicts in serious criminal cases.
NEWS
Law360: A California state jury that found Meta and Google were liable on 25 March 2026 for harming the mental health of a woman who says she became addicted to their social media platforms as a child, delivered a second blow later in the day, awarding US$3m in punitive damages on top of a US$3m compensatory award.
GLOSSARY
Jury duty refers to the civic obligation of eligible citizens to serve as jurors in criminal or, less commonly, civil trials when summoned by a court. It involves attendance at court, consideration of evidence, application of the judge’s directions on law, and reaching a verdict as part of a jury panel. In England and Wales, Scotland and Northern Ireland, this duty arises under statutory frameworks such as the Juries Acts, which set out eligibility, disqualification, excusal and deferral grounds, and the procedure for jury selection. In Ireland, similar provisions exist under the Juries Acts 1927–2017. Jury duty is compulsory subject to limited statutory excuses (e.g. certain criminal convictions, health reasons, or specific professional exemptions). Failure to comply with a jury summons can constitute a criminal offence or contempt of court. Employers must generally allow time off for jury service, with varying rules on payment. Across the UK and Ireland, the concept and practical operation of jury duty are broadly consistent, though details such as age limits, eligible occupations, trial types using juries, and available excusals differ between jurisdictions.
GLOSSARY
In practice, “jury of one’s peers” describes trial by a randomly selected jury of lay citizens from the local community, not a panel sharing the accused’s race, class, profession or background. The phrase is descriptive (with historical roots in Magna Carta) rather than a defined statutory right, and modern UK and Irish law guarantees an impartial, representative jury, not demographic matching.Eligibility, summoning and excusal are governed by the Juries Act 1974 (England & Wales), Criminal Procedure (Scotland) Act 1995, Juries (Northern Ireland) Order 1996, and Juries Act 1976 (Ireland). Courts address impartiality through screening where permitted, challenges for cause, and (exceptionally) judge-alone trial in defined circumstances. There is no right to shape a jury’s composition; in England & Wales, R v Ford [1989] QB 868 confirms no entitlement to a racially balanced jury, and challenges to the array succeed only where selection departs from randomness or gives rise to bias.Jurisdictional practice differs in size and verdict: Scotland uses 15 jurors and a simple majority; England & Wales and Northern Ireland typically use 12 jurors; Ireland broadly aligns with 12-person criminal juries and retains civil juries in defamation actions. Practitioners use the term to emphasise community participation and fairness, not identity-based equivalence.
GLOSSARY
A jury panel is the group of prospective jurors summoned to court from which the trial jury (usually 12 jurors) is selected. It is drawn from the wider pool of people called for jury service for a particular sittings or court, before any challenges or excusals are dealt with.The expression “jury panel” is primarily descriptive and used in court rules, practice directions and jury manuals rather than as a heavily defined statutory term, although related concepts (such as jury service eligibility, random selection and the right to challenge) are governed by legislation in each jurisdiction.In practice, the panel assembles in or near the courtroom and names are called at random to form the jury for a specific criminal trial, and in some jurisdictions for certain civil trials. Counsel may exercise challenges to individual panel members (for cause, and in some jurisdictions peremptory), and the judge may excuse or stand down panel members.Usage and function are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, subject to local jury legislation, court rules and differences in challenge procedures and terminology.
NEWS
The Ministry of Justice has published a letter addressed to the Justice Select Committee confirming that proposed restrictions on jury trials will apply to cases already in the system once the new legislation comes into force. In the letter, Sarah Sackman, court minister, said cases that have not yet begun trial may be converted from jury trial to judge-only proceedings, including under the proposed Crown Court Bench Division. Trials already part-heard before a jury will continue as jury trials, and cases will not be transferred between court jurisdictions.
NEWS
Law360, London: The Law Commission has said it is unnecessary to update its recent recommendations for reforms to the UK's contempt of court rules in light of the government's plans to curtail jury trials.
GLOSSARY
The legal share (one-third of the net moveable estate) of a widow (jus relictae) or widower (jus relicti) where the deceased left a surviving spouse and children.
NEWS
Law360: Law firm Leigh Day launched a claim on 19 April 2023 on behalf of tens of thousands of drivers against online food delivery giant Just Eat and courier service Gophr over their classification of delivery drivers and couriers as independent contractors.