2. Court Structure & Appeals

Question 1

What are the monetary limits for the small claims track?

Answer 1

Personal injury: £1,000
PI from road traffic accident: £5,000
Other: £10,000

Question 2

Who are inferior judges?

Answer 2

judges sitting below the level of the higher court.

Question 3

Who are puisne judges?

Answer 3

judges of the lowest rank of the superior court judges.

Question 4

What are the monetary limits for the fast track?

Answer 4

Personal injury: £10,000
Other: £25,000

Question 5

What are the two criteria, either of which can be satisfied, for a case to be assigned to the multi-track?

Answer 5

1. Over £25,000 or
2. Too complex for fast track (even if under £25k)

Question 6

What are the monetary limits for when a multi-track case may also be started in the High Court, in addition to the County Court?

Answer 6

Personal injury: £50,000
Other: £100,000

Question 7

What is the maximum sentence for a single offence in the Magistrates’ Court?

Answer 7

6 months

Question 8

What is the maximum sentence for a multiple offences in the Magistrates’ Court?

Answer 8

12 months

Question 9

In what courts do solicitors have an automatic right of audience?

Answer 9

Lower courts, i.e. Magistrates’ Court, County Court, Family Court

Question 10

How is the right of audience to the higher courts, i.e. Crown Court, High Court, Court of Appeal, Supreme Court, gained?

Answer 10

Completing additional advocacy assessments and applying for higher rights of audience

Question 11

In which court are solicitors not required to obtain higher rights of audience?

Answer 11

County court, Magistrates’ Court, Family Court, and European Courts, and tribunals

Question 12

What types of cases are heard in the King’s Bench Division?

Answer 12

Contract and tort, Commercial Court, Admiralty Court

Question 13

What types of cases are heard in the Chancery Division?

Answer 13

Equity and trusts, contentious probate, tax partnerships, bankruptcy, companies, patents

Question 14

What types of cases are heard in the Divisional Court?

Answer 14

Appeals from the Magistrates’ Court, County Courts on bankruptcy and land.

Question 15

What types of appeals are heard by Tribunals?

Answer 15

Decisions on immigration, social security, pensions, tax, lands

Question 16

In civil claims, how many days does a party have to appeal?

Answer 16

21 days, apart from appeals to Supreme Court

Question 17

For civil claims, what is the test for leave to appeal?

Answer 17

1. The claim has a real prospect of success
   OR
2. Some other compelling reason why appeal should be heard

Question 18

Procedure for criminal appeals from the Crown Court

Answer 18

1- D can appeal to the Court
of Appeal against conviction or sentence, but must first seek leave from either trial court or CoA.

Question 19

For criminal appeals, if permission to appeal is sought from the CoA, how many days does a defendant have to apply?

Answer 19

within 28 days of the original decision being appealed.

Question 20

In CoA, to succeed in obtaining leave, what condition must be satisfied?

Answer 20

Conviction must be unsafe or sentence must be manifestly excessive

Question 21

Appeal from the Magistrate’s Court against conviction or sentence

Answer 21

leave to appeal is not require if submitted within 15 business days from date of sentence/decision.

• C.C may confirm, reverse, or vary any part of the decision appealed, but will not increase sentence given.
• appeal results in full re-hearing (2nd trial)

Question 22

What other recourse does a defendant have other than appealing to the Crown Crown from the Magistrates Court?

Answer 22

Appeal to the High Court on the ground that the decision was wrong in law or was made outside of the Magistrates’ Court jurisdiction (ultra vires).

• Application must be made in writing within 21 days of O.G decision.
• only legal arguments can be made.
• prosecution can also appeal decision (cf. from C.C appeals)

Question 23

When can a defendant appeal to the Supreme Court?

Answer 23

Last resort, and must be granted leave by either CoA or S.C
- CoA must certify that a point of law of general public importance is involved.

Question 24

For criminal appeals, how many days does a defendant have to appeal to the S.C?

Answer 24

within 28 days of CoA decision

Question 25

What is the consequence of appealing straight to the High Court by way of case stated, instead of to the Crown Court (for mags decision)?

Answer 25

defendant loses right/chance to appeal in Crown Court if they are later denied leave/unsuccessful.

Question 26

For criminal appeals, can the CoA admit new evidence on appeal?

Answer 26

Yes, but only permit it if it finds it necessary, expedient, and in the interests of justice.
- non-exhaustive list of considerations, including whether evidence relates to issue appeal, if it would’ve have been admitted at OG trial, and capable of belief.

Question 27

Under what circumstance can the prosecution appeal to the CoA?

Answer 27

terminatory rulings by trial judge on ie. admission of evidence, that effectively left it w/ no case against D

Question 28

How do you address a District Judge/Recorder in the County Court, Magistrate’s Court and Family Court?

Answer 28

Sir/Madam

Question 29

Sir/Madam is the typical mode of address for which rank of judge?

Answer 29

District judge and recorder

Question 30

What is the mode of address for a High Court Judge?

Answer 30

My Lady/My Lord

Question 31

What is the mode of address for a Circuit Judge?

Answer 31

Your Honour

Question 32

What is the mode of address for a Court of Appeal judge?

Answer 32

My Lord/My Lady

Question 33

In what rank of judicial office is ‘my Lord/my lady’ the typical mode of address?

Answer 33

any judicial office, excluding Recorder, district judges, circuit judges.
- basically anything higher than H.C circuit judge will be addressed in this fashion.

Question 34

What is the distinction between the cases heard in the Queen’s Bench Division and the Chancery Division?

Answer 34

Chancery division focuses on business and property disputes.
- hears land/prop disputes, IP/Company/trust and probate matters, bankruptcy matters, morgages.

cf. QBD is more varied - hears criminal appeals from Mags, J.R proceedings in Admnistrative Court.
- Commercial court, Circuit commercial courts, Technology and Construction Court

Question 35

What types of cases will the High Court’s Family Division hear?

Answer 35

Complex cases (ie. international family law disputes), otherwise family court will likely have jurisdiction to deal with case.

Question 36

Which courts do High Court judges have juridiction to sit on?

Answer 36

Family court, Crown Court, and High Court