Chapter 5. The courts of England and Wales

Question 1

Courts where civil cases may BEGIN

Answer 1

Courts of 1st instance

County, High and Family (also Mags limited number of civil cases)

Question 2

Civil Procedure Rule r1.1

Answer 2

The overriding objective Enabling

the court to deal with cases justly and at proportionate cost.

Question 3

Family Procedure Rule r1.1

Answer 3

The overriding objective enabling the

court to deal with cases justly, having regard to any welfare issues involved.

Question 4

Civil courts based on value

Answer 4

Personal injury claims will usually be issued in the County Court but the High Court may
be used if the value is £50,000 or more.

Non-personal injury claims will usually be issued in the County Court but the High Court
may be used if the value is more than £100,000.

Question 5

CPR tracks

Answer 5

Small claims
Fast track
Multi-track

Question 6

The small claims track

Answer 6

The small claims track has informal procedures and is used for personal injury claims of
up to £1,000 and non-PI claims of up to £10,000.

Question 7

The fast track

Answer 7

The fast track has more rigorous procedures and is used for cases exceeding the small
claims track limits but not exceeding £25,000. The trial must be expected to take no
more than one day.

Question 8

The multi-track

Answer 8

he multi-track has the most extensive procedures and is used for cases exceeding
£25,000 and those expected to take more than one day at trial.

Question 9

The County Court

Answer 9

The County Court operates in towns and cities across the country and deals with a
range of civil claims including contract claims and housing disputes.

Question 10

The High Court

Answer 10

The High Court is based in London with District Registries in major towns and cities. The
Divisional Court of the High Court deals with a range of appeals on points of law.

Question 11

The Family Court

Answer 11

The Family Court deals with divorce and family breakdown as well as child protection
disputes. It has an internal system of appeals.

Question 12

Criminal cases CPR. r1.1

Answer 12

Overriding objective to deal with cases justly.

Question 13

Summary offences

Answer 13

Least serious e.g. minor traffic offences and common assault must be tried in the Magistrates’ court.

Question 14

Either-way offences:

Answer 14

These are offences that depending on how serious the offence is can be tried / sentenced in the Magistrates’ or Crown Court. e.g theft

Question 15

Indictable offences:

Answer 15

The most serious offences can only be heard in the Crown Court.

Question 16

Power of Magistrates

Answer 16

Six month prison sentence.

A defendant who is found guilty of two either-way offences may receive a sentence of up to 12 months imprisonment.

Unlimited fines for most serious offences.

Community sentences

Question 17

Role of Magistrates’ Court

Answer 17

Allocation hearings – to determine if an either-way case should be heard in the Magistrates’ Court or Crown Court.

To commit to the Crown Court for sentencing of either-way offences originally heard in the Magistrates’ Court.

Sending indictable only offences to the Crown Court for trial.

Youth Courts – hear cases where the defendant is aged 10 to 17 years.

Question 18

Appeals from the Magistrates’ Court

Answer 18

Appeals against conviction and or sentence are made to the Crown Court.

Appeals on points of law are made to the Divisional Court of the High Court and are referred to as appeals “by way of case stated”.

Question 19

Role of the Crown Court

Answer 19

Court of trial for indictable only offences (and serious either-way offences).

Appeal court for appeals against conviction and/or sentence from Magistrates’ Court.

Sentences defendants who are found guilty or plead guilty to indictable only or either-way offences which have been committed to the Crown Court.

Question 20

Powers of the Crown Court

Answer 20

Can order any punishment up to and including life imprisonment.

Question 21

Appeals from the Crown Court

Answer 21

Appeals against conviction, sentence and/or points of law are made to the Court of Appeal.

Where the Crown Court has heard an appeal from the Magistrates’ Court, a further appeal on points of law can be made to the Divisional Court of the High Court “by way of case stated”.

Question 22

Criminal Cases Review Commission

Answer 22

Established in 1997

Purpose is to investigate suspected miscarriages of justice.

Requires new evidence, new legal argument or exceptional circumstances

E.g. Guildford 4; Birmingham 6.

Question 23

Family Court

Answer 23

A single court dealing with all first hearings in family matters created in 2014.

Handles divorce, family breakdown and children.

Appeals are made to the Court of Appeal, with a small number to the Divisional Court of the High Court Family Division.

Question 24

Supreme Court

Answer 24

Top of UK court structure.
Decisions binding on all lower courts.
Final appeal court for criminal and civil.
Bound by the Court of Justice of the European Union.

Question 25

The Supreme Court final court of appeal

Answer 25

The Supreme Court is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. It hears cases of the greatest public or constitutional importance affecting the whole population.