The court structure of England and Wales

Question 1

What is the judiciary?

Answer 1

The various types of judges that work within the English legal system

Question 2

How is a Circuit judge addressed and in what courts do they sit?

Answer 2

You Honour and County court, Crown court and Family court

Question 3

How is a Recorder addressed and in what courts do they sit?

Answer 3

Sir/Madam and County court, Crown court and Family court

Question 4

How is a High court judge addressed and in what courts do they sit?

Answer 4

My Lord/My Lady and the High court, Crown court and Family court

Question 5

How is the Lord Chief Justice addressed and in what court do they sit?

Answer 5

My Lord/My Lady and the Court of Appeal

Question 6

How is the Master of the Rolls addressed and in what court do they sit?

Answer 6

My Lord/My Lady and the Court of Appeal

Question 7

How is a District judge addressed and in what courts do they sit?

Answer 7

Judge and County court, High court and Family court (magistrates’ court if District judge in the mags)

Question 8

What are the senior courts?

Answer 8

• Crown court
• High court
• Court of Appeal
• Supreme court

Question 9

What is the court hierarchy starting top downwards?

Answer 9

Supreme court - Court of appeal - Crown court - Magistrates’ court/youth court
OR
Supreme court - Court of appeal - High court - Family court/County court

Question 10

Where should civil cases with a value of less than £100,000 (or less than £50,000 for personal injury cases) be heard?

Answer 10

The County court

Question 11

Where should civil cases with a value of more than £100,000 (£50,000 for personal injury cases) be heard?

Answer 11

The claimant can choose the County court or the High court

Question 12

When should a civil case be heard in the High court?

Answer 12

Where the case has complex facts or the outcome of the case has an element of public interest

Question 13

What sort of cases does the King’s Bench Division of the High court hear?

Answer 13

Generally contract and tort disputes that are complex and/or involve a substantial sums of money

Question 14

What sort of cases does the Chancery division of the High court hear?

Answer 14

Property and business disputes that are complex and /or involve substantial sums of money

Question 15

What can the Crown court do if they confirm the verdict and/or sentence after an appeal?

Answer 15

They can confirm it or substitute it for a decision of their own extending to the powers available to the lower court

Question 16

If a defendant wishes to appeal against conviction and/or sentence from the Crown Court, what must they do?

Answer 16

Apply for leave to appeal

Question 17

When can the prosecution appeal to the Court of Appeal?

Answer 17

The prosecution has a right to appeal in respect of rulings made by a trial judge either before or during the trial if the ruling effectively terminated the trial or significantly weakened the prosecution case or for serious offences the prosecution can appeal against an unduly lenient sentence but they need formal consent from the Attorney General

Question 18

Does the prosecution need permission to appeal?

Answer 18

Yes, it must be granted by the trial judge or the Court of Appeal

Question 19

What is an appeal by way of case stated?

Answer 19

They are appeals brought on the basis that an order, judgment or other decision may be wrong in law or made in excess of jurisdiction - the hearing consists of legal argument only

Question 20

Who can appeal against a magistrates’ court decision by way of case stated?

Answer 20

Either party

Question 21

Which court hears cases of judicial review?

Answer 21

The Administrative Court of the King’s Bench Division of the High Court

Question 22

When can a party make an appeal for judicial review?

Answer 22

Where it is believed that the lower court has acted:
1. unreasonably
2. ultra vires (outside its powers)
3. irrationally ( it has applied the law in an impermissible manner)

Question 23

What is the preferred route of appeal if available in criminal cases, appeal by way of case stated or judicial review?

Answer 23

Appeal by way of case stated

Question 24

Which court hears a criminal appeal involving a point of public importance from the High Court?

Answer 24

The Supreme Court - no appeals to the Court of Appeal are permitted

Question 25

Which court hears a criminal or civil appeal involving a point of law of public importance from the Court of Appeal?

Answer 25

The Supreme Court

Question 26

Which court hears a civil appeal involving a point of law of public importance?

Answer 26

The Court of Appeal unless the Leapfrog criteria is satisfied (rare) and then it would be the Supreme Court

Question 27

When can a solicitor exercise rights of audience in the senior courts?

Answer 27

When they have undertaken further training and have been awarded high rights of audience. Separate awards are needed for civil and criminal advocacy

Question 28

Can a solicitor represent a defendant in the magistrates’ court?

Answer 28

Yes, they are granted rights of audience when they are admitted to the roll of solicitors