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, there was granted for life to Henry, Duke of Lancaster (inter alia), a court of chancery, a chancellor, and such other jura regalia in the county of Lancaster as pertained to a count palatine. On 28 February 1377, 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, 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, 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. From that time the county palatine of Lancaster remained in the possession of the Sovereign as an inheritance separate from the Crown.

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.

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 jurisdiction was thus unlimited in amount, although limited in area. The jurisdiction was concurrent with that of the High Court of Justice, and depended upon the existence within the jurisdiction of the persons, though not of the property, in question. If, however, any action was commenced in the palatine court which was not within the ancient chancery jurisdiction of the court, 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.

This court also possessed the summary jurisdiction of the Chancery Division, the statutory jurisdiction as to the property of infants and other persons under disability, power to administer assets, as well as jurisdiction under the Conveyancing Act 1881, the Trustee Act 1893, and the Judicial Trustee Act 1896, and as to money paid into court under the Lands Clauses Act 1845.

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, or to direct an issue to try any question of fact by a jury at the assizes.

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; 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.

Appeal

An appeal lay from this court to the Court of Appeal, and thence to the House of Lords.

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, 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 quam diu se bene gesserit. 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.

Procedure

Rules

The Chancellor of the Duchy and County Palatine had statutory powers to make rules of procedure subject to the approval of the authority for the time being empowered to make rules for the Supreme Court. Under these powers rules of procedure were made which assimilated the procedure of the Palatine Court to that of the High Court of Justice. Rules were also made under the Settled Estates Act 1877 (40 & 41 Vict c 18), the Settled Land Act 1882 (45 & 46 Vict c 38), and under the Trustee Act 1893 (56 & 57 Vict c 53). There were also rules dealing with court fees, solicitors' costs, suitors' fund and fee fund accounts. The Chancellor of the Duchy had power to make rules regulating proceedings under the Conveyancing and Law of Property Act 1881.

Party out of jurisdiction

In cases where any of the parties were out of the jurisdiction of the court the Court of Appeal could either direct the cause to be transferred to the High Court or service to be effected out of the jurisdiction. Where a decree or order of the court could not be enforced because the party to be bound thereby was out of the jurisdiction, it could be enforced by making it an order of the High Court.

The Vice-Chancellor had power to hear interlocutory matters out of the jurisdiction, but he could only hear causes out of the jurisdiction by consent.

Officers
There was an Attorney-General of the County Palatine and Duchy of Lancaster. There were three district registrars of the Liverpool, Manchester and Preston districts respectively, with one assistant registrar at Liverpool and two at Manchester. The registrars were appointed by the Chancellor of the Duchy and County Palatine, and held office during his pleasure. The registrars in the Palatine Court performed the duties which the Masters of the Supreme Court (Chancery Division and Taxing Office), the Chancery Registrars, and the Clerks in the Central Office performed in the High Court.

There was also a comptroller, who was appointed by the Chancellor. His duties were to check receipts and payments of suitors' moneys.

The other officers were a seal-keeper and a cursitor.

Other relevant legislation
The court was regulated by the following Acts in particular:

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 Court of Chancery of Lancaster Act 1952 (15 & 16 Geo. 6. and Eliz. 2. c. 49)

The Court of Chancery of Lancaster (Amendment) Act 1961 (9 & 10 Eliz. 2. c. 38)

All of these Acts were repealed by section 56 of, and Schedule 11 to, the Courts Act 1971.

Funds in court

Section 52 of the Administration of Justice Act 1956 provided:

Evidence of foreign law

See sections 4(2) and 4(4)(a) and (b) of the Civil Evidence Act 1972.

Reciprocal enforcement of foreign judgments

See:
 article 2(1)(a) of the Convention set out in the Schedule to the Reciprocal Enforcement of Foreign Judgments (Israel) Order 1971 (S.I. 1971/1039).
 article 2(1)(a) of the Convention set out in the Schedule to the Reciprocal Enforcement of Foreign Judgments (the Netherlands) Order 1969 (S.I. 1969/1063)
 article 2(1)(a) of the Convention set out in the Schedule to the Reciprocal Enforcement of Foreign Judgments (Norway) Order 1962 (S.I. 1962/636)

Power to authorise superior landlord to enter and execute works

See section 30(3) of the Housing, Town Planning, &c. Act 1919.

Power of court to authorise examination of works on unfit premises or for improvement

See section 164(3) of the Housing Act 1957.

Land Charges Act 1925

See section 20(2) of that Act.

Merger with the High Court
On the appointed day the Court of Chancery of the County Palatine of Lancaster was merged with the High Court. Accordingly, on and after that day no jurisdiction, whether conferred by statute or otherwise, could be exercised, or can now be exercised, by the Court of Chancery of the County Palatine of Lancaster as such. The Court of Chancery of the County Palatine of Lancaster was abolished on merger with the High Court.

Transitional provisions
Transitional provisions were contained in Part I of Schedule 5 to the Courts Act 1971.

Offices
Any judicial or other office in the Court of Chancery of the County Palatine of Lancaster, other than the office of Vice-Chancellor of the County Palatine of Lancaster, was abolished by section 44(1)(b) of the Courts Act 1971.

Section 44(2) conferred a power to make regulations to provide for the compensation of persons who suffered loss of employment or loss or diminution of emoluments attributable to the effect of section 44(1)(b) or to the merger of the Court of Chancery of the County Palatine of Lancaster.

References
Halsbury's Laws of England, First Edition, Butterworth & Co, London, (Agents for Canada: Canada Law Book Company, Toronto), 1909, Volume 9, paragraphs 255 to 262, at pages 120 to 124.
Halsbury's Laws of England. Third Edition. Butterworth & Co (Publishers) Ltd. 1954. Volume 9. Pages 473 to 478. See also page 418.
"Chancery Court of Lancaster". The English and Empire Digest. Butterworth & Co. 1923. Volume 16. Pages 194 to 196.
O Hood Phillips. "2. The Chancery Courts of Lancaster and Durham". A First Book of English Law. Fourth Edition. Sweet and Maxwell. 1960. Pages 74 and 75.
Vick and Shoolbred. "Chancery Court of the County Palatine of Lancaster". The Administration of Civil Justice in England and Wales. Pergamon Press. 1968. Pages 151 and 152.
Robert Alexander Forrester. Bennett's Chancery of Lancashire Practice. Second Edition. Sherratt and Hughes. London. 1933. Reviewed at "General Intelligence" (1933) 176 The Law Times 178 (2 September 1933)
John Bennett. The Chancery of Lancashire Practice. Sherratt & Hughes. London and Manchester. 1914. [Partly written by J Herbert Cunliffe]. Reviewed at "Reviews" (1914) 40 The Law Magazine and Review (Fifth Series) 116 (No 374, November 1914); "Reviews and Notices" (1915) 31 Law Quarterly Review 239 (April 1915)
James Jones Aston. The Jurisdiction, Practice, and Proceedings of the Court of Chancery of the County Palatine of Lancaster. Wm Benning & Co. London. Addison. Preston. 1853. Google Books
Thomas Snow and Hubert Winstanley. The Lancaster Chancery Practice. W Maxwell & Son. London. Meredith, Ray & Littler. Manchester. 1885. Google:  . WorldCat. HathiTrust.
Snow and Winstanley. The Lancaster Chancery Practice. 1880.
"Court of Chancery" in "Lancaster". Guide to Government Orders as at 31st December 1960. HMSO. 1961. Pages 501 and 502.
"Lancaster (Court of Chancery)". The Statutory Rules and Orders and Statutory Instruments Revised to December 31, 1948. HMSO. 1951. Volume 11. Pages 729 to 790.
The Chancery of Lancaster Rules, 1884: As amended to March 1961. Chancellor and Council of the Duchy of Lancaster. Lancaster Place, London. 1961. Google.
Bridgemann, Charles George Orlando. Orders and Rules of the Court of Chancery of the County Palatine of Lancaster of the 1st August 1884, the 27th and 28th November, 1884. T Brakell. Liverpool. 1884. Internet Archive
James W Winstanley. The Chancery of the County Palatine of Lancaster: Its Practice and Modes of Procedure, as Distinguished from the High Court of Chancery. Henry Greenwood. 1855. Google Books
R Somerville. "The Palatine Courts in Lancashire". In A Harding (ed). Law Making and Law Makers in British History: Papers Presented to the Edinburgh Legal History Conference, 1977. (Studies in History 22). Royal Historical Society. 1980.
Locock Webb. "Jurisdiction of and Appeals from the Chancery Court of the County Palatine of Lancaster". The Practice of the Supreme Court of Judicature and of the House of Lords on Appeals. Butterworths. 1877. Pages 443 to 449.

Former courts and tribunals in England and Wales
Legal history of England
Duchy of Lancaster
Courts of equity
1972 disestablishments in England
Courts and tribunals disestablished in 1972