The Court System Flashcards
Relevant for DR and CLP
What is a trial court and what is an appellate court?
Trial courts: hear cases ‘at first instance’ - hears the facts and law and makes a ruling
Appellate courts: consider the law for a case that has already been heard
What courts are appellate only?
Court of Appeal and Supreme Court
What courts are trial only?
County Court and Magistrates’ Court
What courts are both appellate and trial courts?
Crown Court and High Court
Can decisions of an inferior court be judicially reviewed?
Yes, decisions of inferior courts can be judicially reviewed by the High Court
This applies to Crown Court if it is acting as an appellate
What are the civil courts?
Supreme Court
Court of Appeal
High Court
County Court
Magsitrates’ Court
Which court does the High Court bind?
Binds the County Court
What is the structure of the High Court?
It is divided into 3 divisions:
- King’s Bench Division
- Chancery Division
- Family Division
What does the KBD contain?
Administrative/Divisional Court; Planning Court; PI, nuisance, contract, disputes, enforcement proceedings and some Business and Property Courts
What does the Chancery Division contain?
Business Property Courts, Competition, Insolvency, IP
What are the Business Property Courts?
specialist courts which sit within KBD and Chancery Divisions
They decide business, property, tech and construction disputes
What BPC sit in KBD?
Commercial Court
Admiralty Court
Technology and Construction Courts
What BPC sit in the Chancery Division?
Competition List, Insolvency List, IP, Trusts, Property and Probate, Revenue, Business
What is the leapfrog appeal?
It is the process of appealing straight from the High Court to the Supreme Court (for civil cases only)
What is the procedure for the leapfrog appeal process?
Apply to High Court judge within 14 days of judgment. The judge must be satisfied that the relevant conditions are satisfied (significant enough to be heard by SC)
Within one month of certificate being issued, apply to SC
SC considers the application, if appeal granted, goes straight to SC
What is the position of the ECHR?
Sits outside the structure of the court system and hears cases appealed from domestic court system
It is a court of last resort for people who believe their human rights have been violated, but have lost in Supreme Court or run out of appeals
Are English and Welsh courts bound by ECHR?
No, but under s2 HRA, they must ‘take into account’ any judgment, declaration or opinion of ECHR
What is the time limit to appeal to ECHR?
4 months from date of domestic decision
What is the position of the Judicial Committee of the Privy Council?
A court of last resort for certain Commonwealth countries and UK overseas territories
Judgments not binding but highly persuasive
What is the name of judges who sit in Supreme Court
Justices of Supreme Court
Headed by President of Supreme Court
There are 12 Justices
What is the name of judges who sit on Appeal Court and who heads Civil and Criminal Divisions?
Lord and Lady Justices of Appeal
- Civil Division headed by Master of Rolls
- Criminal Division headed by Lord/Lady Chief Justice
What is the name for judges of High Court and who heads the Divisions?
High Court Judges
- KBD: President
- Chancery Division: Chancellor
- Family Division: President
What are rights of audience
The right to appeal in Crown Court and superior courts
Where do solicitors have automatic rights to appear in?
County and Magistrates’ Court
What are the solicitors’ rights of audience?
Solicitors are granted rights of audience automatically when admitted to the roll of solicitors
This means solicitors can appear in the magistrates court on behalf of their clients as solicitors are automatically granted rights of audience when they admitted on the roll of solicitors
- The magistrates court is not a senior court which means the solicitor does not need to have higher rights of audience
In which courts do High Court judges have jurisidction?
- High Court
- Crown Court
- Family Court
Where must Personal Injury claims of a value of less than £50,000 be commenced?
The claim must be issued in County Court
Where must a non-personal injury claim worth £100,000 or less be issued?
Must be issued in County Court
What must solicitors wishing to carry out advocacy in the Higher Courts obtain?
Solicitors wishing to carry out advocacy in High Courts must undertake training and pass assessments to obtain Higher Rights of Audience
Higher Courts for civil disputes:
- High Court
- Court of Appeal
- Supreme Court
A decision is made by Court of Appeal (Civil Division) in favour of claimant. Defendant wants to obtain permission to appeal.
Which courts have the power to grant permission to appeal?
The Court of Appeal and the Supreme Court
What is meant by a conjoined case?
Cases where a court is hearing two separate appeals at the same time because they involve a similar point of law
What is another circumstance in which a solicitor can have a right of audience in an appeal?
Solicitor will have a right of audience at appeal if they have acted in the original trial
What is a puisne judge?
The lowest rank of the superior judges
- puisne judges are ordinary judges of High Court
- they rank above all inferior judges
In which courts can a Circuit Judge sit?
Crown Court and County Court
Which judges mainly sit in County Court?
District Judges - most judges in County Court are District Judges
- District Judges and Circuit Judges sit in County Court
Where is appeal of decision of a Circuit Judge made?
To the High Court of Court of Appeal (Civil Division)
