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where an action for libel was removed from the ecclesiastical court by the prerogative writ of prohibition to the King’s Court, and the judges of the King’s Court found the complaint of libel unfounded, then after deliberation or consultation they ordered the cause to be returned to the Ecclesiastical Court by a process called the Writ of Consultation. In matters relating to a solicitor and his client , the term means either advising a client as to a course of action or receiving instructions to act for the client in a certain matter.

The name of a writ whereby a cause, being formerly removed by prohibition out of an inferior court into some of the king’s courts in Westminster, is returned thither again; for, if the judges of the superior court, comparing the proceedings with the suggestion of the party, find the suggestion false or not proved, and that, therefore, the cause was wrongfully called from the inferior court, then, upon consultation and deliberation, they decree it to be returned, whereupon this writ issues. Termes de la Ley; 2 Bl. Comm. 114. In French Law. The opinion of counsel upon a point of law submitted to them.

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Consultation in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Consultation in Historical Law in the Encyclopedia of Law.

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This definition of Consultation is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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