Civil and Criminal Court Structure

Question 1

What types of law fall under the remit of ‘Civil Law’?

Answer 1

• Contract Law
• Tort Law
• Property Law
• Company Law

Question 2

What could be said of the State’s interest in Civil Law as opposed criminal?

Answer 2

• The state has marginal interest in civil law; the individual is left to assert their rights. In a civil case, there will be a claimant, whereas a criminal court will have a prosecution
• The state is intently interested in criminal law, and plays an active role in the proceedings.

Question 3

What semantic differences would exist between parties in civil and criminal cases?

Answer 3

• CIVIL: A claimant will sue a defendant with the intent of finding a remedy. At the end of the case, a judge will provide a judgement
• CRIMINAL: The prosecution prosecutes a defendant, finding them either guilty or not guilty through judge verdict.

Question 4

How do the names of the parties change in a civil case which has been appealed?

Answer 4

The appealing party will become the appellant, whilst the opposing party will become the respondent.

Question 5

What is part of public law, but does not carry the procedures of civil nor criminal law?

Answer 5

Judicial review - which is concerned with the regulation of the legal activities of public bodies - such as Ministers of the Crown, Local Authorities and Public Utilities.

Question 6

What is the burden of proof?

Answer 6

One party has to prove their case. They have the burden of proof.
- In civil action, the claimant must prove their case
- In criminal cases, the prosecution must prove the defendant’s guilt.
(Sometimes reversed, such as in libel cases. In murder cases, the defendant has the burden of proof to establish the defence of diminished responsibility)

Question 7

What are the different standards of proof?

Answer 7

Civil - Balance of possibilities

Criminal - Beyond reasonable doubt

Question 8

Detail, generally, the court system administered by HMCTS

Answer 8

Crown Court -> High Court -> Court of Appeal -> Supreme Court.

Small claims courts, County Courts, Magistrates’ Courts, Youth Courts

Question 9

Provide some history behind the Supreme Court

Answer 9

Highest court, w/ appellate jurisdiction in England and Wales. Previously the highest court was the House of Lords, AKA Appellate Committee of the House of Lords. SC formed by Part III of the Constitutional Reform Act 2005; came into being 1 Oct 2009. This overrode authority diseased to HoL in the Appellate Jurisdiction Acts 1876 and 1888. Ambition - complete separation of senior judges and HoL. Increased transparency and independence.

Question 10

What is the composition of the SC?

Answer 10

• 12 judges; President and Deputy President, others = ‘Justices of the Supreme Court’.
• President - Baroness Hale of Richmond, Deputy - Lord Reed.

Question 11

How does the SC function?

Answer 11

• Case usually heard by 5 justices. More convened for important cases.
• Hears cases on laws of public importance, the UK in civil cases & Eng/Wales/N.Ire in criminal.

Question 12

How does precedent function in the SC?

Answer 12

• Decisions binding on lower courts. Previously, bound to previous decisions (see London
  Tramways Co. vs LCC [1898]), but changed in 1966 w/ Lord Gardiner, in the ‘Practice Statement’
  This stated that the previous decisions were only binding when it seemed right to do so.
  
  • The doctrine of precedent is an ‘indispensable foundation’, but ‘too rigid adherence to
    precedent may lead to injustice in a particular case and also unduly restrict the proper
    development of the law.’ Seemed radical, but de facto judges were reluctant to depart from
    precedent.

Question 13

Provide some background to the Court of Appeal

Answer 13

Formed by the Judicature Act 1873, split into civil and criminal in 1966. Hears all High Court civil cases, and Employment Appeal Tribunal cases.

Question 14

What is the composition of the CA?

Answer 14

Head of civil division is the Master of the Rolls (currently Sir Terence Etherton), alongside the Lord and Lady Justices of Appeal. Typical cases attended to by three judges - MotR and two Lord Justices.

Question 15

How does precedent work in the CA?

Answer 15

• Binds all lower courts, but bound by House of Lords and SC, and its own previous decisions. Exceptions are present in Young v Bristol Aeroplane Co. [1944]:
• If there are two conflicting decisions, CoA may choose between,
• it need not follow if overruled by HoL, and may decline previous given per incuriam (‘without care’ - if in a previous case a glaring omission was made. Per incuriam applies in any court, but is rarely used.

Question 16

What are HC judges known as?

Answer 16

Ordinary judges are known as ‘puisne’ judges (‘puny’). They are appointed by the Queen with advice from the Lord Chancellor.

Question 17

What does the QBD in the HC tend to?

Answer 17

Deals with common law claims (tort and contract). Largest and busiest division. Separate Commercial and
Admiralty courts in QBD. Also administers the Technology and Construction Court.

Question 18

What does the Family Division tend to?

Answer 18

Legitimacy, wardship and adoption; defended divorces and ancillary matters.

Question 19

What does the Chancery Division tend to?

Answer 19

Company and partnership law, land, trusts, mortgages and bankruptcy. Smaller than QBD.

Question 20

What do the three sub-courts in the HC have, and what are their functions?

Answer 20

Each division also may sit as a ‘Divisional Court’. These have two judge and perform certain functions (I.e. hearing appeals). There are three corresponding Divisional Courts:

-Administrative Court - (AKA Queen's Bench Divisional Court) Part of Queen's Bench Division. Deals with appeals 
by way of case, application for a writ of 
habeas corpus, and judicial review.
- Family Divisional Court - Appeals on family matters from Family Court
- Chancery Divisional Court - Deals with appeals from the county court on certain bankruptcy matters + appeals 
from Inland Revenue Commissioner on income tax cases.

Question 21

How does precedent work in the HC?

Answer 21

• Binds inferior. Bound from above; apart from High Court cases w/ only one judge. Lord Neuberger in Willers v Joyce
  [2016]: ‘So far as the High Court is concerned, puisne judges are not technically bound by decisions of their peers, but they should generally follow a decision of a court of coordinate jurisdiction unless there is a powerful reason for not doing so.’

Question 22

How do appeals work in the HC?

Answer 22

• Apart from QBDC, appeals from any division of the High Court go to the Court of Appeal.
  
  • Exceptionally, an appeal to the Supreme Court may lie direct from the HC under a procedure known as ‘leap
    frogging’. This requires consent from all parties involved, permission from the High Court Appeal Committee.

Question 23

How many County Courts are there?

Answer 23

300 county courts in England and Wales and 90% of civil law claims.

Question 24

What are the three types of judge in the County Courts?

Answer 24

Three types of judge - circuit judges, recorders and district judges

Question 25

What is the small claims procedure?

Answer 25

Arbitration is an informal hearing, usually without legal representation, and is known as the small claims procedure.

Question 26

How does precedent work in County Courts?

Answer 26

County Court does not create precedent, but is bound by the High Court, Divisional Courts, Court of
Appeal and the Supreme Court

Question 27

What does the Magistrates’ Court Civil Proceedings cover?

Answer 27

Although known principally as a criminal court, MC does have wide-ranging civil jurisdiction. Magistrates’ Courts possesses include the making of orders for the destruction of dangerous dogs and dealing with disputes as to property in the hands of the police. Can also recover council tax, water, elec. and gas charges. Enjoy a limited amount appellate jurisdiction, principally civil.

Question 28

What is the Family Court?

Answer 28

Previously family matters are dealt with either in the Magistrates’ Courts or the County Court, a new s 31A of the Matrimonial and Proceedings Act 1984, inserted by the Crime and Courts Act 2013, created a single Family Court from 22 April 2014. This court exercises jurisdiction in all family proceedings.
It does not create precedent.
An appeal might be made, dependent on the judge and case in question. Appeal may be made to a more
senior judge, the HC or CoA.

Question 29

What is the principle criminal court, and how does it operate?

Answer 29

Crown court. The court that the public associates most with the administration of criminal justice. The Crown Court is not a local court, but sits in ‘centres’ around England and Wales. Each ‘centre’ has a three-tier system of operation: i) First-tier - HC judge who will hear civil and criminal cases. Second-tier ‘centres’ are also served by a HC judge, but hear only criminal cases. iii) Third-tier centres will have Recorders and Circuit Judges hearing criminal cases alone. HC judges are described as being ‘on the circuit’ and are usually from the QBD of the HC. Crown Court hears all cases which involve trial on indictment. These involve murders.

Question 30

What are the precedent and appeals procedures for the Crown Court?

Answer 30

Precedent - CC does not create precedent, but is bound by superior courts.
Appeals - Appeals from the Crown Court involving trial on indictment lie to the CoA. An appeal against conviction from the Crown Court to the CoA, whether on law or fact, lies only with the defence - the prosecution may not appeal.

Question 31

What role does the Magistrates’ Court (Criminal Proceedings) Play?

Answer 31

98% criminal matters begin and end life in Magistrates’ Court. They try all summary offences (minor offences) and some are triable either way offences (mid-range offences). Max power - impose a £5,000 fine or six months prison sentence.

Question 32

What court in the HC tends to criminal matters?

Answer 32

Admin Court is part of the QBD. Hears criminal appeals by way of case stated from the Magistrates Court. It also hears appeals from the Crown Court when the case has gone from the Magistrates’ Court to the Crown Court de novo.

Question 33

What are the precedent and appeals procedures for the Administrative Court (HC)?

Answer 33

Precedent - Decision of the Admin Court bind all lower courts. Bound by CoA and SC.
Appeals - Appeals from the Admin Court lie to the SC on a point of law of general public importance. Permission
must be granted either by the Admin Court or the SC.

Question 34

What other courts are important?

Answer 34

Judicial Committee of the Privy Council - Final appeal court for UK overseas territories. Advises the Crown, and the Crown never refuses the advice of the Judicial Committee. Civil and Criminal.
Precedent - not binding, but highly persuasive on English Courts.

• Court of Justice of the European Union (ECJ)* - As of rebrand, Treaty of Lisbon 2010. Only EU, in Luxembourg. Does not decide the result of cases before it. Only applies the law to the facts. Only rulings on EU Law.
• European Court of Human Rights* - Sits in Strasbourg, can only be brought against Govts and when all other appeal routes are exhausted.
• Other Common Law Courts* - I.e. Australia, New Zealand, USA - decisions from these useful when a dearth of cases exist domestically.