The Admiralty, Commercial and Circuit Commercial courts (the latter previously titled ‘The Mercantile Court’) are all sub-divisional regional courts of the Queen’s Bench Division of the High Court of Justice. All are specialist courts, part of the Business and Property Court of the High Court of Justice.
However, whilst each type of court exists under this shared overarching umbrella, differences still exist as to how they function (alongside their specific domains, of course), particularly regarding who cases are heard by, and where the courts are based.
For the Circuit Commercial Courts, cases are heard by specialist Senior Circuit Judges who are authorised to sit as High Court Judges, as well as Commercial Court Judges for certain cases. As aspects of Circuit Commercial Court and Commercial Court overlap (detailed below), many Commercial Court cases can also be heard by the Circuit Commercial Court. However, the Commercial Court do tend to take on more complex or extreme cases, and those where stakes are high; such cases would not be heard by the Circuit Commercial Courts. Regarding Admiralty Court cases, these are heard by one Admiralty judge, although some matters may be heard by the Admiralty register. Admiralty marshals handle the arrest and sale of ships.
Another functional area where these courts differ is regarding where the courts are based. Whilst all are based at the Rolls Building in London, Circuit Commercial Courts are additionally based at district registries across England and Wales, in the following cities;
- Birmingham
- Bristol
- Cardiff
- Chester
- Leeds
- Liverpool
- London
- Manchester
- Mold
- Newcastle
Continue reading for further details of each court’s jurisdiction.
What is the Circuit Commercial Court?
The Circuit Commercial Court (or Mercantile Court) was established during the 1990s. The purpose of this court is to provide an accessible and effective specialist court service all around the UK regarding commercial transactions and commercial/business disputes, to both companies and citizens alike.
Circuit Commercial Courts deal with a variety of business disputes, all that benefit from the expertise of a Circuit Commercial judge. Areas covered by the Circuit Commercial Court include;
- Contract disputes
- Insurance
- Sale of products
- Transporting of products, including import and export
- Commercial professional carelessness, e.g. solicitors and accountants
- Arbitration award issues
- Trade restraint
- Financial and banking services
- Management and agency agreements
- Sales agreements regarding shares
- Injunctions
- Private information
Unlike some other courts, no size restrictions exist regarding claims brought to the Circuit Commercial Court. As long as cases are appropriate, they will be heard.
Please see the Circuit Commercial Courts’ Courts and Tribunals Judiciary page for additional information.
What are Admiralty Courts?
Admiralty Courts are courts with jurisdiction over maritime law, including all sea legal cases and cases relating to shipping or the ocean. In previous years, Admiralty Courts were categorised separately to other legal courts. However, in present times, Admiralty law falls under the regular court system (as detailed above).
Common cases which would fall under the jurisdiction of the Admiralty Courts concern the following;
- Maritime contracts
- Injury and offenses relating to maritime law or events taking place in navigable waters, such as collisions between ships and the claims they birth
- Insurance relating to ships, cargo, sea collisions, seamen, passengers, salvage, damage caused by other ships and marine pollution
- Disputes regarding goods provided to a ship, mortgages and security over ships
- Claims regarding unpaid wages from the ship’s crew
Admiralty Courts also possess the ability to issue maritime liens; the seizing and arresting of a ship to settle outstanding claims via the ship’s sale (within England and Wales). The Admiralty Courts handle claims brought against a ship’s owner as well as the ship itself.
For further information, please see the Admiralty Courts’ Courts and Tribunals Judiciary page.
What is the Commercial Court?
In short, the Commercial Court deal with both international and national business disputes. Common cases the Commercial Court hears regard;
- Contract disputes
- Insurance
- Sale of products
- Transporting of products, including import and export
- Arbitration award issues
- Financial and banking services
- Management and agency agreements
The key differentiation between the Commercial Courts and Circuit Commercial Courts, aside from the slight differences in jurisdiction, is therefore the extremity of the cases focused upon.
You can find additional information concerning the Commercial Court via their Courts and Tribunals Judiciary page.
If you require any assistance regarding Admiralty, Commercial or Circuit Commercial Courts, St Pauls Chambers will gladly assist. Contact our London or Leeds hubs today to make an appointment with one of our expert barristers
