Modern Legal Records: Civil Justice & Society in England & Wales, 1840-1985

The Postgraduate Archival Skills Training (PAST) programme offers students a unique opportunity to obtain the skills and knowledge needed to undertake academic research using original records at The National Archives (TNA).

*Please note that this is a one-day workshop on site at The National Archives on 16 July 2024*

You may also be interested in our companion workshop Modern Legal Records: Criminal Justice and Society in England, 1775-2000 on 17 July 2024.

Modern Legal Records: Civil Justice and Society in England and Wales, circa 1840 - 1985

This Modern Legal Records workshop will provide you with the essential skills you need to identify and access original source material amongst the legal records created by the superior courts in the administration of civil justice, from circa 1840 to circa 1980. During each session you will receive tuition and guidance on a range of archival research skills from our legal records specialists, and you will also undertake practical exercises involving hands-on document work.

During the workshop you will trace the changes in the civil justice system in England and Wales within the modern period and think about the archival issues arising in respect of its records. You will then consider the records held by The National Archives in respect of the courts and lawyers in the modern period. The day will begin with an introduction to the legal system on the eve of the reform, before moving on to explore the key changes wrought by the Judicature Acts and other reforming legislation. The sessions which follow will focus on common law and equity, civil justice in the British Empire, business acquired from the ecclesiastical courts, and the inevitable question of where to look next.

At the end of the workshop, you will have increased confidence in your ability to find and use previously challenging modern legal documents relating to civil justice. This event is aimed at current taught postgraduate and doctoral students, although other researchers are welcome to attend. This is a level three workshop within the PAST programme, and will be investigating complex and demanding archival collections, but you will be supported by expert staff throughout. There are no pre-requisites for attendance.

For more information about the PAST programme please see The National Archives' website or email [email protected].

You can join the conversation and learn more about our other PAST workshops by following #TNAPAST

Tea & coffee in the public restaurant area

You may also use this time to register for a Reader’s Ticket if you wish to order documents to view after day one. Please note, you do not need a Reader’s Ticket to participate in the workshop, but the reading rooms are open until 7pm if you wish to pursue your own research. Please note that this is not compulsory, and any evening work will be private research, without tutors from the course present. Details of the documents you need for a Reader’s Ticket can be found here.

This introductory session will give you an overview of the civil justice system in place in England and Wales on the eve of reform, and how this system changed at key points through the nineteenth century. It will therefore trace the transformation from a pre-modern legal system – administered by multiple courts and jurisdictions, each of which used their own forms and processes – to the modern legal system which is familiar to lawyers today, consisting (with a few notable exceptions) of a single unified Supreme Court of Judicature. During this session we will consider some of the key archival issues arising out of the use of the resulting records.

Starting with the period immediately prior to the creation of the Supreme Court of Judicature in 1873-5, this session first examines the records of the superior courts of common law, including civil business heard at assize on nisi prius, before examining Chancery records. It then traces the continuation of those records into the new divisions of the High Court, and its local registries, as well as the new Court of Appeal in civil matters. Students will learn to locate and use records from the relevant record series through practical work with original documents.

Lunch is not provided. Food and drink can be purchased from our on-site café, or alternatively there are shops and cafés a short walk away in Kew Retail Park and near Kew Gardens station.

This session begins with an explanation of the broad parameters of the administration of justice within the British Empire and the records generated therein. It will examine the different potential sources for the legal history of empire within The National Archives, and how to locate and use these sources, using a series of practical exercises to explore and understand the records.

One of the key changes resulting from the reforms of the nineteenth century was the transfer of almost all civil business from the ecclesiastical to the secular courts. This session looks at the records created in respect of this business and held at TNA, including in respect of wills and divorce. It will also explore the role taken by the state and the courts in protecting the interests of those who lacked legal capacity for reasons of age or mental infirmity. This session includes practical exercises in using and locating original records.

One of the key challenges of modern (or indeed any) legal historical research is what to do when you have looked in all the obvious places and are left wanting or needing more information. This session covers the question of where you might look next, including both consideration of a range of potentially helpful document series at TNA as well as digital resources which can be accessed here and elsewhere. This session will include practical exercises in using these sources.

17:00 Close

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