Civil Court Hierarchy, Appeal System and Jurisdiction Flashcards
What types of disputes are dealt with in the Admiralty Court (KBD)?
The Admiralty Court handles marine cargo disputes, collisions at sea, salvage, and claims by passengers injured on vessels. It also deals with generalised shipping matters such as contractual disputes over shipping delays
What is the role of the Administrative Court of the KBD?i
- judicial reviews of decisions by public bodies
- challenges to
decisions made by ministers, - planning matters, applications for habeas corpus
- decisions on vexatious litigants
What specialist courts exist within the Chancery Division?
The Chancery Division includes specialist courts for insolvency, company work, patents, and intellectual property.
What are the two main focuses of Family Court proceedings?
Family Court proceedings have a dual focus: public law and private law.
What is involved in public law cases in Family Court?
Public law cases involve litigation in the public interest, usually initiated by public authorities or organizations e.g., care orders, supervision orders, and emergency protection orders = initiated by local authorities.
What is involved in private law cases in Family Court?
Private law cases typically involve applications by individuals relating to parental responsibility, financial issues and welfare arrangements for children.
To which court are appeals from the High Court made?
Appeals from the High Court are made to the Court of Appeal Civil Division.
when will permission to appeal be given?
Permission to appeal may only be given if the appeal has a real prospect of success or there is some other compelling reason for the appeal to be heard.
What is the time frame for applying for permission to appeal?
The application should be made within the time frame set by the original court or within 21 days after the original decision.
What must the appellant do after filing their appeal notice?
The appellant must serve the notice on the respondent (the other party) within seven days after filing the notice
How much time does the respondent have to file their own notice?
The respondent has 14 days to file and serve their own notice, outlining their case after receiving the appellant’s notice.
What documents must the appellant provide to the Court of Appeal
The appellant must provide the grounds for appeal and a skeleton argument outlining their reasons for appealing.
What is a skeleton argument?
A skeleton argument is an outline of a party’s reasons for making or defending a claim.
What are the three main types of tribunals in the UK?
- Local authority-administered tribunals (e.g., school exclusion panels).
- Government department-administered tribunals (e.g., Valuation Tribunal for council tax matters).
- HMCTS-administered tribunals (which include a two-tier system: First Tier and Upper Tribunal).
What is the role of the First Tier Tribunal?
The First Tier Tribunal hears appeals against decisions made by government departments or agencies.
What is the role of the Upper Tribunal?
The Upper Tribunal generally reviews and decides appeals from the First Tier Tribunal.
How can an appellant appeal from the Upper Tribunal?
An appellant can appeal from the Upper Tribunal to the Court of Appeal, typically within 28 days of the decision, though judicial review and employment cases may have shorter time frames
what is a litigant in person?
Litigants in person are people representing themselves in court.
What is the process for litigants in person regarding the right to represent themselves in court?
Litigants in person are exempt from needing regulatory approval to represent themselves. Temporary rights of audience may be granted on a case-by-case basis by the judiciary.
What is the process for applying for permission to appeal to the Supreme Court
The application should first be made to the Court of Appeal. If unsuccessful, the party can apply directly to the Supreme Court within 28 days of the Court of Appeal’s order.
What is the test for granting permission to appeal to the Supreme Court
The Supreme Court will grant permission only if the matter raises an arguable point of law of general public importance that should be considered at that time.
Who are the members of the Privy Council?
The Privy Council consists of government ministers, senior opposition politicians, and a small number of judges, with most members being appointed for life.
What role does the Judicial Committee of the Privy Council play?
It hears legal appeals and matters referred to it from Commonwealth countries and overseas territories, including unusual domestic cases, disciplinary matters, and more.
What is the test for bringing a case before the JCPC in civil matters?
In civil cases, the case must raise a point of general public importance.
What is the test for bringing a case before the JCPC in criminal matters?
In criminal cases, the case must raise questions of great and general importance or involve a grave violation of natural justice
Are the Judicial Committee of Privy Council decisions binding?
No, the JCPC’s decisions are persuasive, meaning they are influential but not binding on other courts.
What role does the JCPC play today in the legal systems of its member countries?
It serves as a court of last resort for countries and territories with doubts about their local judicial systems, ensuring fairness and continuity in the law
