Civil Court Hierarchy, Appeal System and Jurisdiction

Question 1

What types of disputes are dealt with in the Admiralty Court (KBD)?

Answer 1

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

Question 2

What is the role of the Administrative Court of the KBD?i

Answer 2

• judicial reviews of decisions by public bodies
• challenges to
  decisions made by ministers,
• planning matters, applications for habeas corpus
• decisions on vexatious litigants

Question 3

What specialist courts exist within the Chancery Division?

Answer 3

The Chancery Division includes specialist courts for insolvency, company work, patents, and intellectual property.

Question 4

What are the two main focuses of Family Court proceedings?

Answer 4

Family Court proceedings have a dual focus: public law and private law.

Question 5

What is involved in public law cases in Family Court?

Answer 5

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.

Question 6

What is involved in private law cases in Family Court?

Answer 6

Private law cases typically involve applications by individuals relating to parental responsibility, financial issues and welfare arrangements for children.

Question 7

To which court are appeals from the High Court made?

Answer 7

Appeals from the High Court are made to the Court of Appeal Civil Division.

Question 8

when will permission to appeal be given?

Answer 8

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.

Question 9

What is the time frame for applying for permission to appeal?

Answer 9

The application should be made within the time frame set by the original court or within 21 days after the original decision.

Question 10

What must the appellant do after filing their appeal notice?

Answer 10

The appellant must serve the notice on the respondent (the other party) within seven days after filing the notice

Question 11

How much time does the respondent have to file their own notice?

Answer 11

The respondent has 14 days to file and serve their own notice, outlining their case after receiving the appellant’s notice.

Question 12

What documents must the appellant provide to the Court of Appeal

Answer 12

The appellant must provide the grounds for appeal and a skeleton argument outlining their reasons for appealing.

Question 13

What is a skeleton argument?

Answer 13

A skeleton argument is an outline of a party’s reasons for making or defending a claim.

Question 14

What are the three main types of tribunals in the UK?

Answer 14

1. Local authority-administered tribunals (e.g., school exclusion panels).
2. Government department-administered tribunals (e.g., Valuation Tribunal for council tax matters).
3. HMCTS-administered tribunals (which include a two-tier system: First Tier and Upper Tribunal).

Question 15

What is the role of the First Tier Tribunal?

Answer 15

The First Tier Tribunal hears appeals against decisions made by government departments or agencies.

Question 16

What is the role of the Upper Tribunal?

Answer 16

The Upper Tribunal generally reviews and decides appeals from the First Tier Tribunal.

Question 17

How can an appellant appeal from the Upper Tribunal?

Answer 17

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

Question 18

what is a litigant in person?

Answer 18

Litigants in person are people representing themselves in court.

Question 19

What is the process for litigants in person regarding the right to represent themselves in court?

Answer 19

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.

Question 20

What is the process for applying for permission to appeal to the Supreme Court

Answer 20

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.

Question 21

What is the test for granting permission to appeal to the Supreme Court

Answer 21

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.

Question 22

Who are the members of the Privy Council?

Answer 22

The Privy Council consists of government ministers, senior opposition politicians, and a small number of judges, with most members being appointed for life.

Question 23

What role does the Judicial Committee of the Privy Council play?

Answer 23

It hears legal appeals and matters referred to it from Commonwealth countries and overseas territories, including unusual domestic cases, disciplinary matters, and more.

Question 24

What is the test for bringing a case before the JCPC in civil matters?

Answer 24

In civil cases, the case must raise a point of general public importance.

Question 25

What is the test for bringing a case before the JCPC in criminal matters?

Answer 25

In criminal cases, the case must raise questions of great and general importance or involve a grave violation of natural justice

Question 26

Are the Judicial Committee of Privy Council decisions binding?

Answer 26

No, the JCPC’s decisions are persuasive, meaning they are influential but not binding on other courts.

Question 27

What role does the JCPC play today in the legal systems of its member countries?

Answer 27

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