7: Civil Court System

Question 1

Exception to general rule that appeals from district judges go to circuit judges within the County Court:

Answer 1

Insolvency matters - are appealed to High Court (regardless of whether they are decided by Circuit or District judges)

Question 2

Role of Upper Tribunal

Answer 2

To hear appeals from the First Tier tribunals

Question 3

If an individual wants to appeal an upper tribunal decision where will this be heard?

Answer 3

In the Court of Appeal

• must file notice within 28 days of the decision

Question 4

Remit of first tier tribunals

Answer 4

1. social care
2. general regulatory
3. tax
4. immigration/asylum
5. property

Question 5

Remit of the Upper Tribunal

Answer 5

1. administrative appeals
2. tax / chancery
3. immigration / asylum
4. lands

Question 6

How many supreme court justices are there?

Answer 6

12

Question 7

Number of Supreme Court justices who will sit on a case?

Answer 7

between 3-9

Question 8

When will a case in the Supreme Court have more than the minimum required justices sitting?

Answer 8

1. court is being asked to depart / may decide to depart from previous decision
2. constitutional importance
3. public importance
4. conflict between previous decisions
5. important ECHR point

Question 9

Process for appealing Court of Appeal Decision to Supreme Court

Answer 9

1. Permission needed - first make application to CoA
2. If unsuccessful, apply to SC within 28 days of date of CoA order

Question 10

Test for allowing an appeal to be heard in the Supreme Court

Answer 10

The test for allowing an appeal to be heard is a strict one. Their Lords and Ladyships will only
grant permission if, in their opinion, the matter raises an arguable point of law of general
public importance that ought to be considered by them at that time, bearing in mind that the
matter will already have been the subject of judicial decision, and may have already been
reviewed on appeal

Question 11

When will decisions be made by only one SC justice or just the Court Registrar?

Answer 11

matters relating to time limits, non-compliance with rules, withdrawal of an appeal and certain costs matters

Question 12

Judicial Committee of the Privy Council - what matters do they hear?

Answer 12

appeals from the disciplinary committee of the
body regulating vets; a ragbag of other unusual domestic matters such as disputes relating
to disqualification from the House of Commons; appeals from Crown dependencies such as Jersey; Commonwealth appeals, from places such as Antigua and Barbuda, the Bahamas,
Saint Lucia, Mauritius and so on; and appeals from overseas territories and sovereign bases
such as Gibraltar, the Falkland Islands, St Helena, the British Virgin Islands and more

Question 13

Test for bringing a matter before the Judicial Committee of the Privy Council

Answer 13

In civil matters,
the Court granting leave to appeal must be satisfied that the case raises a point of
general public importance.

In criminal matters, the case must raise questions of great
and general importance, or there must have been some grave violation of principles of
natural justice.

Question 14

Are decisions of the Judicial Committee of the privy council binding on any other courts?

Answer 14

No, persuasive only

Question 15

Jurisdiction of the Patents Court of the HC (Chancery)
- remedies the court can award

Answer 15

Patent cases with a value over 500 000
- delivery up / destruction of counterfeits
- Damages

Question 16

When would a patents case be heard in the Business and Property Court instead of the Patents Court?

Answer 16

When its value is less than 500 000

Question 17

Where does the master of the rolls reside?

Answer 17

Head of division within the High Court

Question 18

How can a High Court judge be promoted to a Court of Appeal Judge?

Answer 18

1. consultation with Lord Chief Justice (recommendation of the Lord Chancellor)
2. selection process from the panel on the judicial appointments commission (two non-law qualified panelists)