The House of Lords- United Kingdom's Law

-:The House of Lords:-

    The House of Lords is technically the assembly of Lords which forms the second branch of British Parliament. In addition to its functions as part of the legislature, it exercises judicial authority and now it is the final court of appeal in all matters civil and criminal from all courts in England and Wales. So, it is the apex court of England.

It is a judicial organ which has enormous role. It is only a judicial organ but also a legislature. The Appellate Jurisdiction Act of 1876 established it. It has undergone a reform by the Administration of Justice Act, 1977, Composition The Judges of the House of Lords are called "Law Lords" Under the Judicature Act, 1876, there was only a provision of two law lords, and now the number of "Law Lords" is 11.

Quorum

    To hear and decide the quorum is 3. The Judicature Act, 1876 provides that there of the following persons must be present in order to hear and determine an appeal -

i) the Lord Chancellor 

(ii) the Lords of Appeal in ordinary/

law lords and 

(iii) Such peers who have held high Judicial offices as defined in the Act.  In practice most appeals are heard solely by the Lords of Appeal in Ordinary, who were generally appointed from the ranks of the Court of Appeal.

    Cases are heard usually by a bench of five and not less than three Lords. The Appeal is brought in the from of a petition. Each judges expresses, separately, his own opinion technically called a speech. Decisions are taken by a majority.

Qualifications of the Lords of Appeal:

    The Lords of Appeal is required to have held high judicial office for two years or be practicing barristers of not less than 15 years standing. There is no general right of appeal to the House of Lords. For appeal, it needs a leave of the House of Lords i.e. a certificate. From the decisions of the Court of Appeal a further appeal may lie to the Appellate Committee of the House of Lords. Leave to appeal must be granted.

Jurisdiction of the House of Lords:-

The House of Lords is now essentially the final court of and in civil matters it hears appeals from the Court of Appeal, when leave of cither he court of Appeal or the Appeals committee of the House has been granted.

Leap Frog Procedure:-

The Administration of Justice Act, 1969 has provided a 'leap frog' procedure whereby an appeal can go directly to the House of Lords from the trial court.

For this procedure the following conditions must be satisfied:

i) Both the parties must agree to refer it the House of Lords.

ii) Where a certificate has been granted by the trial court and where the House of Lords has granted the leave of appeal.

iii) The issue must concern a point of law of grave national importance,

The decisions of the House of Lords are binding on all the lower courts in England. The Judges of the House of Lords are free to give their individual judgment but then the majority judgment prevails for decision of the appeal. The Law Lords hold office during good behavior and may be removed from office on the address of both the houses of Parliament. By the Judicial Pension Act, 1970 the Law lords are required to vacate office on attaining the age of 75 years.

    There is no procedure similar to the French practice of cassation avec renvoi.......a quashing or annulment and re-transfer of the case to a different court of appeal for re-trial. Both the court of Appeal and the House of Lords adjudicate on the merits of the case.