Courts and tribunal system Flashcards
What is the Judicial Committee of the Privy Council?
Final appeal court for UK overseas territories and Crown dependencies.
Purpose is to advise the Crown however in practice the monarch never refuses the advice.
Hears both civil and criminal matters and consists of senior members of the judiciary.
Not binding on English courts but opinions are highly persuasive.
What are the levels of judge in the County Court?
Deputy District Judge (DDJ)-most junior and often fee paid.
District Judge (DJ)-next level up and make up majority of judges in the County Court.
Circuit Judges (CJ) most senior and hear the more complex cases.
Who will hear an appeal against a decision by a DDJ/DJ in the County Court?
A Circuit Judge in the County Court.
Can the decision of a Circuit Judge in the County Court be appealed?
The decision of a CJ can be appealed to the High Court and subsequently to the Court of Appeal (Civil Division) but only with permission.
Can a decision of the Court of Appeal (Civil Division) be appealed?
A decision of the COA (Civil Division) can be appealed to the Supreme Court but only if it deals with a point of law of general public importance.
What are tribunals?
Tribunals are specialist judicial bodies dealing with administrative and regulatory cases.
What are the two levels of tribunal?
First Tier Tribunal and Upper Tribunal. The Upper Tribunal hears appeals from the First Tier Tribunal.
What are the seven First Tier Tribunals?
War, Pensions and Armed Forces Compensation Chamber
Social Entitlement Chamber
Health, Education & Social Care Chamber
General Regulatory Chamber
Tax Chamber
Immigration & Asylum Chamber
Property Chamber
What are the four Upper Tribunals?
Administrative Appeals Chamber
Tax and Chancery Chamber
Immigration and Asylum Chamber
Lands Chamber
Do public inquiries held under the Inquiries Act 2005 have legal power to compel witnesses to give evidence?
Yes, they do. This power helps to produce a report/recommendations.
Can the Government be compelled to act on the recommendations of a statutory public inquiry?
No, this is not possible.
Where do High Court judges sit and how are they appointed?
Judges sit at the Royal Courts of Justice in London and regional centres outside London called District Registries.
High Court judges are normally appointed by the monarch on recommendation of the Lord Chancellor.
Candidates after recommended after a fair and open competition administered by the Judicial Appointments Commission.
What are the three divisions of the High Court?
King’s Bench Division (KBD)-mainly deals with common law matters such as contract and tort disputes.
Chancery Division-handles business and property cases.
Family Division-handles cases relating to children and wardship, also hears appeals from the Family Court.
What courts can solicitors carry out advocacy in?
Magistrates, County Court, the Tribunals and Appeals Tribunals.
They are not authorised to carry out advocacy in the Higher Courts, they must obtain their Higher Rights of Audience if they wish to do so.
Where does the Court of Appeal sit and how are the judges appointed?
Based at the RCJ and consists of a civil and criminal division.
All judges are senior judges with lengthy judicial experience.
Appointment is by the monarch on the recommendation of a selection panel convened by the Judicial Appointments Commission.
