Court system Flashcards
A solicitor represents a defendant who has been tried and convicted in the magistrates’ court. The solicitor considers that the magistrates who decided the case made a clear error of law in reaching their decision. The defendant asks the solicitor to advise him as to whether he can appeal against the magistrates’ decision on this basis.
Which of the following statements best describes the position regarding the defendant’s ability to appeal?
A-The defendant cannot appeal against the magistrates’ decision as only the prosecution can appeal on a point of law.
B-The defendant can appeal against the magistrates’ decision to another magistrates’ court comprised of different magistrates.
C-The defendant can appeal against the magistrates’ decision by way of case stated to the High Court (King’s Bench Division).
D-The defendant can appeal against the magistrates’ decision by way of case stated to the Court of Appeal (Criminal Division).
E-The defendant can appeal directly on a point of law to the Supreme Court.
Option C best describes the position where, following conviction, a defendant wishes to appeal against a decision of the magistrates’ court on a point of law. Such an appeal lies to the High Court (King’s Bench Division) and is made by way of case stated.
Option A is wrong because an appeal from the magistrates’ court on a point of law is not restricted to the prosecution – the defendant may also appeal.
Option B is wrong because an appeal lies to a court which is higher in the hierarchy of criminal courts rather than to a differently constituted court on the same level.
Option D is not the best answer because, although it does correctly refer to an appeal being made by way of case stated, it does not identify the appropriate court to which such an appeal lies.
Option E is wrong because it is not possible to appeal directly to the Supreme Court from a decision of the magistrates’ court.
A prosecutor with the Crown Prosecution Service (CPS) prosecutes a defendant in the magistrates for the summary offence of threatening behaviour. The magistrates find the defendant not guilty. The prosecutor believes the magistrates have erred in law in their interpretation of the relevant law, and this is an important point of law of general public importance. The prosecutor wishes to appeal.
Which of the following statements correctly describes the right of appeal for the CPS?
A-The CPS can appeal by way of case stated to the Administrative (Divisional) Court of the Queen’s Bench Division of the High Court, and if the appeal is refused can appeal to the Supreme Court.
B-The CPS can appeal by way of case stated to the Crown Court, and if the appeal is refused can appeal to the Supreme Court.
C-The CPS can appeal by way of case stated to the Administrative (Divisional) Court of the Queen’s Bench Division of the High Court, and if the appeal is allowed the defendant can appeal against that decision to the Court of Appeal.
D-The CPS can appeal by way of case stated to the Administrative (Divisional) Court of the Queen’s Bench Division of the High Court, and if the appeal is granted the defendant will be retried at the Crown Court.
E-The CPS can appeal direct to the Court of Appeal.
Option A is correct. An appeal by way of case stated is possible where the magistrates err in law or act in excess of jurisdiction. If the case is refused it is then possible to appeal from the High Court to the Supreme Court, providing it is an exceptional case of general public importance.
Option B is wrong because an appeal by way of case stated is to the Administrative (Divisional) Court of the Queen’s Bench Division (QBC) not the Crown Court. Option C is wrong because a further appeal from the QBD, when it has heard a case stated, is to the Supreme Court not the Court of Appeal. Option D is wrong because, where the prosecution is successful in a case stated, the High Court can sentence the defendant, or quash the acquittal and return it to the magistrates for sentencing. The Crown Court is not involved. Option E is wrong because it is not possible to appeal direct from the magistrates to the Court of Appeal.
A man suffers an injury at work. The man wishes to claim compensation for personal injury. The value of the claim is £300,000. He has suffered complex physical and mental injuries which he claims are all resulting from the injury at work.
His employer is a computer software company. The man is employed as a software developer. He has invented and developed a new software programme. His employer has recently obtained a patent for the software programme, but the man is disputing his employer’s ownership of the patent.
Which of the following statements best describes the court in which the man should commence his personal injury claim against his employer?
A-The Patents Court.
B-The Employment Tribunal.
C-The County Court.
D-The Queen’s Bench Division (QBD) of the High Court.
E-The Chancery Division of the High Court.
Option D is the best answer. CPR Practice Direction (PD) 7A states that any personal injury claim of £50,000 or less should commence in the County Court. Practice Direction 7A says claims should start in the High Court if the financial value of the claim merits it, and/or if the facts, legal issues, remedies or procedures are complicated. The damages claimed here are over £50,000. The injuries are complex, and the employer is likely to challenge the man’s interpretation of the facts and the basis of his claim. The QBD of the High Court deals with personal injury claims.
Option A is wrong because the Patents Court does not deal with personal injury matters arising out of claims made by employees, even if that employee is also involved in a patent dispute with their employer.
Option B is wrong because the Employment Tribunal deals with matters such as unfair dismissal and redundancy, rather than personal injury claims.
Option C is not the best answer because this claim is for £300,000 and given the complexity of the issues, the claimant would be best advised to bring the claim before the High Court.
Option E is wrong because, the Chancery Division of the High Court deals with claims relating to intellectual property matters, business disputes and so on. A personal injury claim would not be dealt with by the Chancery Division.
You act for a man who has suffered an injury at work. His employer is a company whose sole shareholder is his aunt. He wishes to claim compensation for personal injury. The likely value of the claim is £80,000. Neither the injuries nor the facts relating to the claim are particularly complex.
In which of the following courts should the claim commence against the aunt?
A-The County Court.
B-The Queens Bench Division (QBD) of the High Court.
C-The Employment Tribunal.
D-The Chancery Division of the High Court.
E-The Family Court.
Option A is correct.
Practice Direction (PD) 7A of the Civil Procedure Rules (CPR) states that, where a personal injury claim has a value of more than £50,000, a choice can be made as to commencement in either the County Court or the High Court. The PD goes on to provide that cases should only be started in the High Court if that is desirable by reason of:
(1) the financial value of the claim and the amount in dispute, and/or
(2) the complexity of the facts, legal issues, remedies or procedures involved, and/or
(3) the importance of the outcome of the claim to the public in general.
Here, because the claim is relatively straight forward, a correct interpretation of CPR PD 7A means the appropriate court would be the County Court.
Option B is wrong because the matter is not sufficiently complex, or of sufficiently considerable value, to start in the High Court (although if the value was much higher the QBD would indeed have the relevant jurisdiction). Option C is wrong because an Employment Tribunal deals with matters such as dismissals rather than personal injury. Option D is wrong because a personal injury claim would not be appropriate for the Chancery Division, which in the main deals with claims relating to mortgages, wills, trusts and so on. Option E is wrong because, although the aunt is a relative, and might be described as ‘family’, the Family Court deals with matrimonial and children matters not personal injury.
A solicitor is issuing a claim within the Queen’s Bench Division (QBD) of the High Court. The claim is a public law challenge to the decision of a local authority, which has commercial consequences for the solicitor’s client, a limited company that specialises in technology. The solicitor is unsure whether he should issue the claim within a specific court found within the QBD.
Which of the following statements best describes where in the QBD the claim is most likely to be heard?
A-The claim is most likely to be heard in the Administrative Court.
B-The claim is most likely to be heard in the Commercial Court.
C-The claim is most likely to be heard in the Companies Court.
D-The claim is most likely to be heard in the Technology and Construction Court.
E-The claim could be heard in any of the sub-divisions of the Queen’s Bench Division.
Option A is correct. The claim in question here is a public law challenge to the decision of a public body: this should be brought in the Administrative Court. This is a specialist court within the Queen’s Bench Division.
The other options list other specialist courts within the QBD. However, these deal with other types of claims.
A woman loses a £50,000 tortious liability claim against her in the County Court relating to her business supplying personal protective equipment to private medical practitioners. During the trial the Judge appears to be having trouble maintaining focus. On several occasions, he seems to drift off into a daze, even to the extent of needing to be reminded of what was going on by the advocates, whilst on others he interrupts the woman’s advocate and does not allow her to finish making her points on the woman’s behalf. It later transpires that the Judge’s new hay fever medication was interfering with his powers of concentration and making him drowsy. The woman wishes to appeal.
To which court should the woman appeal, and what is the relevant ground on which her appeal would be based?
A-Another County Court, on the ground that this decision was unjust.
B-The Court of Appeal on the ground that there is an arguable point of law of general public importance.
C-The Chancery Division of the High Court on the ground that the County Court had failed to give due consideration to certain evidence.
D-The local Crown Court second-tier centre on the ground that the Judge had not been competent or diligent in the role.
E-The Queen’s Bench Division of the High Court on the ground of serious procedural and other irregularities in the proceedings.
Option E is correct. The appropriate court is the Queen’s Bench Division of the High Court, on the ground of serious procedural and other irregularities as the Judge was unable to focus fully on the arguments brought in and did not allow the woman’s advocate to develop her case.
Option A is wrong as the decision of a circuit judge in the County Court cannot be appealed in the County Court. Moreover, the ground of appeal – unjustness – might be a relevant ground of appeal in another court, but not here.
Option B is wrong because there is no appeal to the Court of Appeal from the decision of a circuit judge in the County Court; the appeal must go to the High Court first. In any event, the ground of an arguable point of law of general public importance is required for a ‘leapfrog’ appeal from the High Court direct to the Supreme Court, which is not what is going on here.
Option C is wrong because the Chancery Division of the High Court, although it hears appeals, would not deal with a tortious action relating to the supply of medical personal protective equipment. Also, an appeal court would not usually scrutinise a lower court’s handling of the evidence.
Option D is wrong because these are civil proceedings and Crown Court second-tier centres hear exclusively criminal actions. There would be no right of appeal for a civil matter into a criminal court, irrespective of how the Judge had conducted him/herself.
A client issues proceedings in a breach of contract claim which is valued at £30,000. The trial is heard by a District Judge in the County Court and the claim is unsuccessful. The client wishes to appeal the decision.
Which of the following best describes how the appeal will be heard?
A-The case will be heard by a High Court Judge.
B-The case will be heard by the Supreme Court.
C-The case will be heard by a Circuit Judge in the same County Court.
D-The case will be heard by a different District Judge at the same County Court.
E-The case will be heard by the Court of Appeal (Civil Division).
Option C best describes how the case will be heard. In a civil matter, an appeal of a decision by a District Judge in the County Court will be heard by a (more senior) Circuit Judge in the same Court.
Option A is wrong as the appeal would only be heard by a High Court judge if the original decision was by a Circuit judge in the County Court.
Option B is wrong because the Supreme Court, as the highest court in the land, would not deal with a direct appeal from the County Court.
Option D is wrong because no appeal is heard by the same level of judge. The whole point of an appeal is that the matter should be referred to a higher level of decision making.
Option E is wrong as a County Court district judge’s ruling cannot be directly appealed to the Court of Appeal (this would only happen if an initial appeal is unsuccessful and only then in exceptional circumstances).
A defendant pleads not guilty to a summary offence. The matter is heard at a magistrates’ court and following a summary trial the defendant is acquitted. The prosecution wants to appeal this decision.
What action can the prosecution take?
A-The prosecution can appeal on points of fact and law to the High Court.
B-The prosecution can appeal on points of fact to the Crown Court for re-trial.
C-The prosecution can appeal on points of law to the Crown Court for re-trial.
D-The prosecution can appeal on points of law to the High Court provided that the point of law is of general public importance.
E-The prosecution can appeal on points of law to the High Court by way of case stated.
Option E is correct because the prosecution can only appeal on points of law to the High Court.
Option A is wrong as the prosecution cannot appeal a decision by magistrates on a point of fact.
Options B and C are wrong as the prosecution cannot appeal to the Crown Court. Only the defendant can appeal against conviction to the Crown Court.
Option D is wrong as there is no requirement for an appeal to the High Court to be based on a point of law which is of general public importance.
A veterinary scientist has invented a device for testing the temperature of dogs to provide an early warning of canine illness. She has a patent for the device. She believes the patent could yield profits of £1m in the next two years. A manufacturer appears to have infringed the patent by manufacturing 200,000 counterfeit replicas of the device. The veterinary scientist believes her losses could be £600,000. She would like to commence court action against the manufacturer.
Which is the correct court for the veterinary scientist to commence a claim, and the appropriate remedy?
A-The Queen’s Bench Division (QBD) of the High Court, with a remedy solely of damages.
B-The County Court, with damages as one possible remedy, the other being delivery up / destruction of the counterfeits.
C-The Court of Appeal, with damages as one possible remedy, the other being delivery up / destruction.
D-The Business and Property Court (BPC), with a remedy solely of damages.
E-The Patents Court within the Chancery Division of the High Court, with damages as one possible remedy, the other being delivery up / destruction
Option E is correct. The Patents Court, which is part of the Chancery Division of the High Court, has jurisdiction for claims of this sort where the value is over £500,000. There would be remedies in both damages and delivery up / destruction of the counterfeits.
Option A is wrong because the QBD does not have jurisdiction for hearing patent matters. Option B is wrong because the value of the veterinary scientist’s claim is far above the financial scope of the County Court, and the matter would also be too complex for it. Option C is wrong because no claims commence in the Court of Appeal. They always begin in a lower court such as the County or High Courts. Option D is wrong because, although the BPC would be a suitable starting point on account of the fact that it embraces the Patents Court, the remedy solely of damages would be insufficient.
A man was convicted of driving without due care and attention in a Magistrates’ Court. He wishes to appeal his conviction due to the judge ruling evidence as inadmissible during his trial.
Which of the following statements describes the best course of action for the defendant?
A-Appeal on a point of law to the Supreme Court with leave.
B-Appeal by way of case stated to the High Court.
C-Appeal on a point of law to the Crown Court.
D-Appeal on a point of fact to the Crown Court.
E-Appeal on a point of law to the Court of Appeal.
Option C describes the best course of action. The offence of careless driving is a summary only offence and has therefore been dealt with by the Magistrates’ Court. As the man pleaded not guilty, he has the right to appeal against his conviction on a point of law or fact to the Crown Court. Here, the issue is one of law.
Option A is wrong because the Supreme Court, being the highest court in the land, would not hear an appeal from the magistrates’ court.
Option B is also wrong. It is correct the man has the right to appeal to the High Court on a point of law by way of case stated, but that is altogether less optimal than an appeal to the Crown Court, as appealing to the Crown Court preserves the defendant’s case stated entitlements, whereas going direct to the High Court deprives an appellant of his Crown Court options.
Option D is wrong as this is not an appeal on a point of fact.
Option E is wrong as it is not possible to appeal from the magistrates to the Court of Appeal.
A defendant was charged with common assault. Common assault is a summary offence and therefore the defendant was tried in the Magistrates’ Court. At his trial, the defendant pleaded not guilty but was convicted. He was sentenced to six months’ imprisonment and fined. The defence appealed against his conviction to the Crown Court on both a point of law and a point of fact. The Crown Court dismissed the appeal. The defence now wishes to appeal on a point of law against the decision of the Crown Court to uphold the conviction.
To which court and on what basis should the defence appeal and does the defence require permission?
A-The defence can appeal to the High Court (Queen’s Bench Division) on a point of law as of right.
B-The defence can appeal to the High Court (Queen’s Bench Division) on a point of law if it obtains permission to do so.
C-The defence can appeal to the Court Appeal (Criminal Division) on a point of law if it obtains permission to do so.
D-The defence can appeal to the Court of Appeal (Criminal Division) on a point of law as of right.
E-The defence can make a leapfrog appeal to the Supreme Court on a point of law if it obtains permission from the High Court to do so.
Option A is correct. This question concerns the procedure for appeals after a summary trial. The defence had a right of appeal to the Crown Court against the conviction as he pleaded not guilty. Thereafter the defence may appeal as of right to the High Court (Queen’s Bench Division) on a point of law. Option B is wrong as the court’s permission is not required.
Options C and D are wrong. The Court of Appeal (Criminal Division) hears appeals following trials on indictment in the Crown Court. These appeals must be on a points of law and permission is required. The Court of Appeal (Criminal Division) does not hear appeals from summary trials.
Option E is wrong. The leapfrog appeal procedure can only be used if permission is given by the Supreme Court.
A man has been tried and convicted on a charge of theft in the magistrates’ court. The man had pleaded not guilty to the charge, putting forward a defence that he was somewhere else at the time when the theft was committed. The man now wishes to appeal against his conviction on the grounds that magistrates made an incorrect finding in relation to his whereabouts at the time of the theft.
Which of the following statements best describes the action that the man should take to appeal the magistrates’ decision?
A-The man should appeal to the Court of Appeal (Criminal Division) on a point of fact.
B-The man should appeal to the High Court (Queen’s Bench Division) on a point of fact.
C-The man should appeal to the High Court (Queen’s Bench Division) on a point of law.
D-The man should appeal to the Crown Court on a point of fact.
E-The man should appeal to the Crown Court on a point of law.
In criminal cases, an appeal lies to the Court of Appeal (Criminal Division) following trial on indictment in the Crown Court. This is not appropriate as the man was tried in the magistrates’ court. The man is entitled to appeal against conviction as he pleaded not guilty in the magistrates’ court. Appeals from the magistrates’ court can lie to the Crown Court and to the High Court (Queen’s Bench Division). However, whilst an appeal to the former can be based on a point of fact and/or law, an appeal to the latter must be based on a point of law. The basis of the man’s appeal is that the magistrates made an incorrect finding as to his whereabouts at the time of the offence, which is a finding of fact. The man should therefore appeal to the Crown Court on a point of fact.
A man has stolen an antique book from a public museum in Cambridge. He has been found guilty of a statutory offence.
The Court of Appeal is asked to consider whether an antique book is included within the remit of the relevant statute.
Which of the following best describes what the Court of Appeal has done if it decides to quash the conviction?
A-The Court of Appeal has reversed the decision of the Crown Court.
B-The Court of Appeal has overruled the judge in the Crown Court.
C-The Court of Appeal has overruled the magistrates’ court.
D-The Court of Appeal has distinguished the ruling in the Crown Court.
E-The Court of Appeal has departed from the ruling in the Crown Court.
Option A is the best answer. The Court of Appeal has reversed the decision of the Crown Court. Reversing is where a higher court disagrees with the earlier decision, in the same proceedings, of a lower court. This is the case here.
Option B is wrong because overruling is where a higher court comments on a previous unrelated decision by a lower court and declares it to be wrong.
Option C is wrong because the previous lower court is the Crown Court and not the magistrates’ court.
Option D is wrong because distinguishing is relevant to the doctrine of precedent. It applies if a court considers the case before it to be different in some material way from the precedent cited.
Option E is wrong because departing applies when a court of one level disagrees with a previous decision, in another matter, by an equal court. This would apply when the Court of Appeal applied one of the exceptions in Young v Bristol Aeroplane Ltd to decide that it was not bound by one of its own previous decisions.
A solicitor is advising her client on where to bring a claim in the High Court. She is considering particularly which if any specialist court procedure she should follow.
The matter concerns a civil claim for damages against a business, based in tort, and it is worth in excess of £100,000.
Which of the following statements best describes the division of the High Court in which the claim should be issued?
A-The matter should be issued in the Business and Property Division.
B-The matter should be issued in the Civil Division.
C-The matter should be issued in the Chancery Division.
D-The solicitor can elect where to issue based on where the claim would be heard most quickly.
E-The matter should be issued in the Queen’s Bench Division.
The claim here should be brought in the Queen’s Bench Division – so option E is the correct answer - which would generally deal, amongst other things, with tortious claims worth over £100,000 (or personal injury claims worth more than £50,000). The three divisions of the High Court are the Queen’s Bench Division, the Chancery Division and the Family Division. These are not separate courts, as they are all part of the High Court, but they do have their own separate procedures and practices adapted to their own purposes, and they each hear particular types of case. Parties must commence their case in the right division, or risk adverse costs consequences.
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