11. Consolidation Flashcards
DEF: Superior Courts
Courts with unlimited jurisdiction geographically and financially, normally try the most difficult cases
DEF: Inferior Courts
Limited geographical and financial jurisdiction, and deal with less-important cases
List the Superior Courts
- Supreme Court
- Court of Appeal
- High Court
- Crown Court
List the Inferior Courts
- County Court
- Magistrates Courts
- Family Court
DEF: Trial Courts
Courts which hear cases at first instance (for the first time), a trial court will rule on issues of fact and law
DEF: Appellate Court
Will reconsider the application of legal principles to a case that has already been heard by a lower court.
- Allows errors of law (and occasionally fact and procedure) to be corrected
Appeal Courts: Criminal Division
- Court of Appeal (Criminal Division)
- High Court (KBD)
Appeal Courts: Civil Division
- Court of Appeal (Civil Division)
- High Court (all 3 divisions)
- Family Court
Courts of First Instance: Criminal Division
- Crown Court or Magistrates Court
Courts of First Instance: Civil Division
- High Court
- Family Court
- County Court
Difference between County Court and High Court?
Both civil division court of first instance, but county court generally deals with lower value claims
Where would an appeal from the county court be heard?
The High Court
Where would an appeal of a High Court Decision (civil) be heard? Process?
(1) generally, would go to court of appeal (civil division),
(2) would need permission
(3) if case originally came from county court, a further appeal to CoA is only available in rare circumstances
DEF: ‘Leapfrog Appeal’
Appeal from High Court straight to Supreme Court
- Very rare
- only available on a point of law of general importance (ie. a statute)
- Must receive permission from the Supreme Court
Where would an appeal from Family Court be heard?
- from a judge within the family court at a higher level
- or, to CoA, same rules apply re permission
Who presides over the County Court
Circuit Judges and District Judges
Who presides over the High Court
High Court judge (usually sitting alone)
Who presides over the Court of Appeal?
Lord Justices of Appeal (usually 3 sitting at once)
Who presides over the Supreme Court?
Justices of the Supreme Court (usually 5 sitting at once)
Explain the civil jurisdiction of the County Court:
- Unlimited financial jurisdiction (claims usually lower though)
- Contract/tort, equity, disputes over wills, recovery of land disputes
Explain the civil jurisdiction of the High Court:
- Claims must generally be valued at 100 000+ (or 50 000 for personal injury)
QBD: - Contract / tort, specialised courts (eg. technology and construction)
Chancery: - Disputes over wills and administration of estates, Trusts, Land and Mortgage actions, Company Law, Bankruptcy, Family Division
Explain the civil jurisdiction of the Court of Appeal
Hears appeals in Civil cases from High Court, County Court and certain tribunals
Explain the civil jurisdiction of the Supreme Court:
Hears appeals from: Court of Appeal, High Court (leapfrog)
Explain the civil jurisdiction of the Family Court:
Nearly all family cases must be commenced here
DEF: Summary Only Offences
Minor offences, dealt with in Magistrates Court
- eg. driving without insurance or common assault
DEF: Indictable Only Offences
Most serious offences and can only be tried in Crown Court (infront of a Jury)
- eg. Murder or Robbery
DEF: Either way offences
May be dealt with in either court (Crown court or Magistrates court)
- tend to be those offences which are more or less serious depending on how they re committed (eg. theft)
Overview of criminal procedure
(1) Police investigate
(2) Police Commence Proceedings
(3) Preliminary hearing in the magistrates’ court
(4)
(i) Summary Offences
(ii) Offences Triable Either Way
(iii) Indictable Only Offences cont’d
Where do Summary Offences go after preliminary hearing in magistrates court?
(i) Trial by magistrates
(ii) Appeal to High Court or Crown Court
Where do either way offences go after hearing in magistrates court:
Either: Summary Offences Progress, Indictable Only offences
Where do indictable only offences go after hearing in magistrates court:
(1) Magistrates send case to Crown Court for Trial
(2) Necessary hearings to set a timetable, ensure the prosecution has disclosed evidence, etc.
(3) Trial in Crown Court
(4) Appeal (to court of appeal)
What can a guilty defendant in a magistrates trial appeal?
The verdict or sentence
Summary Trials: Grounds for appeal for defendant in the crown court (from Magistrates Court)
(a) Appeal against conviction on points of law or fact (only if plead not guilty)
(b) Appeal against a sentence (will be a re-hearing before a judge and two magistrates)
Summary Cases: Who can appeal to the High Court from the Magistrates court? What must the appeal be about? Is permission required?
Appeal by either prosecutor or defendant by way of case stated. The appeal must be based on a point of law. - appeal as of right (no permission needed)
Summary Offences: Appealing to the Supreme Court
Comes from the High Court
- Either side may appeal on points of law. High Court must certify point of law of
general public importance;
AND either the Supreme Court or the High Court must grant leave to appeal.
Indictment Offences: Appealing trial in Crown Court (two approaches)
Goes to the Court of Appeal
(1) Appeal by defendant only with leave (may be against conviction, sentence, on a point of law or fact)
(2) Attorney-General’s Reference Procedure
DEF: Attorney-General’s Reference Procedure
(1) If acquitted in Crown Court, AG may refer a point of law for clarification to the Court of Appeal (does not affect acquittal)
(2) May also refer to CoA when AG thinks sentence is too lenient
Indictment Offences: Appealing from the Court of Appeal
Would go to the Supreme Court
- Appeal on points of law only
- CoA must certify point of law or general public importance AND CoA or SC must grant leave to appeal
- Either side may appeal
Who presides over the Privy Council?
(1) Justices of the Supreme Court
(2) Commonwealth judges who are members of the Privy Council (5 sitting all at once)
Who presides over the ECJ?
Judges appointed with agreement from Member States Assisted by Advocates-General
Who presides over the ECHR?
Judges appointed from each state (parties to the 1950 convention)
What matters are dealt with in the Privy Council?
Appeals from certain commonwealth countries
DEF: Rights of Audience
the right of a person to appear and conduct proceedings in court
Do solicitors have rights of audience?
Solicitors have the right to appear in the magistrates’ courts and county courts. If they wish to exercise such rights in the higher courts (the Crown Court, the High Court, the Court of Appeal and the Supreme Court), they must have completed the appropriate higher courts advocacy
qualification:
- Higher Courts (Civil Advocacy) Qualification or
- Higher Courts (Criminal Advocacy) Qualification
Members of the ‘judiciary’
(1) Lord Chief Justice (President of all the courts)
(2) Master of the Rolls
(3) Justices of the Supreme Court
(4) Other Heads Division
i. President of QBD
ii. President of the Family Division (High Court)
iii. Chancellor of the High Court (Chancery Division)
(5) Lord Justices of Appeal
(6) High Court JUdges
(7) Circuit Judges and Recorders
(8) District Judges
(9) Magistrates (not legally qualified)
When is a proposition stated in one case binding in a later case?
(1) Proposition of law (not fact)
(2) Part of the ratio decidendi
(3) Decided in a court whose decisions are binding on the present court
(4) no relevant distinctions between the two cases
DEF: Obiter Dicta
Statements which are persuasive but NOT binding: eg.
- Judge speculating about decision which would have been made with different facts
- dissenting judgements
- addressing arguments no longer relevant given case’s ratio
Who does the magistrates court bind?
No one
Who does the county court bind?
No one
Who does the crown court bind?
No one
Who does the High Court Bind
(1) First instance: binds courts below but not itself
(2) APPELLATE: binds courts below and ‘normally’ binds itself
Who does the CoA bind?
(1) Civil: Binds courts below and normally binds itself
(2) Criminal: binds courts below and normally binds itself (more flexible than civil)
Does the Privy Council bind anyone?
No, but they are highly persuasive
Who does the Supreme Court bind?
Binds courts below but not itself
Who does the Court of Justice of the European Union bind?
Binds UK Courts on EU Law matters (subject to Brexit)
Who does the ECHR Bind?
No one, but persuasive in matters relating to convention rights (because of s 2 HRA 1998)
When does the Court of Appeal NOT bind itself
(1) Two conflicting CoA decisions (choses one to follow)
(2) If previous CoA decision conflicts with SC (or HoL) decision
(3) Decision was made per incuriam
(4) Interim decisions by two judges only
(5) one of its previous decisions is inconsistent with a subsequent ECHR decision
(6) Crim: decision is obviously wrong
When does the High Court (app division) NOT bind itself?
Same as CoA
DEF: Affirming
a higher court confirms it agrees with the appeal before it from a lower court
DEF: Applying
a court adopts statements or reasoning from other decisions.
DEF: Overruling
a higher court comments on a previous unrelated decision by a lower court
and declares it to be wrong
DEF: Departing
a court of one level disagrees with a previous decision, in another matter, by
an equal court.
DEF: Reversing
a higher court disagrees with the earlier decision, in the same proceedings,
of a lower court.
Which court deals with personal injury claims of high value?
KBD of the High Court
Requirements for starting a case in the high court
(1) meet financial threshold requirements (100k, or 50k for personal injury)
(2) Be complex in issue, remedies and circumstances
(3) be of general public importance
Civil Matter: If client wishes to appeal decision made in county court by a district judge - where will this appeal be heard?
In the county court by a more senior circuit judge
Jurisdiction of the Patents Court? Where is it located?
Chancery Division of the High Court, where value of claim is over 500 000
