Chapter 1 - Courts of Normal Jurisdiction Flashcards
What did the title ‘Supreme Court’ denote prior to October 2009, and what does it denote now?
Prior to 2009, the title ‘Supreme Court’ denoted the ‘Supreme Court of England and Wales’, which had existed since 1873 and comprised of the Court of Appeal, the High Court and the Crown Court. Now it denotes the highest court in the United Kingdom. It is the final appeal court for England and Wales and Northern Ireland in both civil and criminal cases, and for Scotland in civil cases only.
Which are the chief divisions of the High Court?
They are the Chancery Division, the Queen’s Bench Division, and the Family Division.
In what types of proceedings are conditional fee agreements generally prohibited?
The use of conditional fee agreements in criminal proceedings and in most family proceedings are prohibited.
Conditional fee agreement - The usual form of this agreement is that the solicitor will take a law case on the understanding that if lost, no payment is made. However, if the case is won, the lawyer will be entitled to the normal fee based on hourly billing, plus a success fee. The success fee in England must be as a percentage no greater than 100% of the normal fee.
Why is the problem of delay of particular concern in relation to Crown Court matters?
Delays between committal (Inhaftierung) and trial (Prozess), as well as being costly (in case of a long wait in custody) and introducing anxiety and uncertainty into the life of the defendant, may amount to a denial of justice since the recollection of witnesses on both sides dims as the months pass.
What are the main duties of the justices’ clerk?
The main duty of a justices’ clerk is to advise the lay magistrates on matters of law (including procedure and practice), the range of penalties available, and any relevant decisions of the superior courts or other guidelines.
In small claims cases, what is the general rule as to costs?
In small claims cases, a party will not normally be ordered to pay the other party’s costs.
The Civil Procedure Rules 1998 regulate practice and procedure in which courts?
The Civil Procedure Rules 1998 regulate practice and procedure in the civil division of the Court of Appeal, in the High Court and in the county courts.
In what sense is the hearing of an appeal by the Court of Appeal “not a retrial”?
No oral evidence is given; the judges read the documents in the case and listen to the arguments of counsel for each side before the appeal is determined.
What are the chief functions of the Legal Services Commission?
The Legal Services Commission was abolished as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. It was replaced by the Legal Aid Agency, a delivery organisation which commissions and procures legal aid services from providers (solicitors, barristers and the not-for-profit sector).
In what ways is the jurisdiction of the county courts limited?
The jurisdiction of the county courts is limited in three main ways:
- There is sometimes a financial limit beyond which the county courts have no jurisdiction. Such cases would usually have to be taken to the High Court, which has unlimited jurisdiction.
- There is a geographical limitation. The claimant is not allowed to pick and choose his forum. The court can deal with a case at any place that it considers appropriate.
- There are limitations on the powers of the county courts to grant remedies. They cannot grant the prerogative remedies of mandatory, quashing, and prohibiting orders and they cannot grant search orders, freezing injunctions etc. Where a county court is unable to grant the appropriate remedy, application will have to be made instead to the High Court.
A mandatory order compels public authorities to fulfill their duties.
A quashing order nullifies a decision which has been made by a public body.
A prohibiting order acts prospectively by telling an authority not to do something in contemplation.
A freezing injunction is a court order which prevents a party from disposing of or dealing with its assets.
What is being decided when “mode of trial” is considered in magistrates’ courts?
Whether offences triable either way should be tried summarily by magistrates or on indictment in the Crown Court.
What is the jurisdiction of the Crown Court?
The jurisdiction of the Crown Court is as follows:
- It has exclusive jurisdiction in relation to trial on indictment for offences wherever committed.
- It hears appeals by persons convicted summarily (without the customary formalities) in the magistrates’ courts.
- It sentences persons convicted by Magistrates’ Courts but who are committed to the Crown Court because the Magistrates are of the opinion that a more severe sentence may be called for than they have power to pass.
- It has a limited civil jurisdiction which allows it to hear licensing appeals from the magistrates’ courts, and appeals against decisions of chief officers of police in firearm and shotgun certificate cases.
