The Court System

Question 1

What is a trial court and what is an appellate court?

Answer 1

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

Question 2

What courts are appellate only?

Answer 2

Court of Appeal and Supreme Court

Question 3

What courts are trial only?

Answer 3

County Court and Magistrates’ Court

Question 4

What courts are both appellate and trial courts?

Answer 4

Crown Court and High Court

Question 4

Can decisions of an inferior court be judicially reviewed?

Answer 4

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

Question 5

What are the civil courts?

Answer 5

Supreme Court
Court of Appeal
High Court
County Court
Magsitrates’ Court

Question 6

Which court does the High Court bind?

Answer 6

Binds the County Court

Question 7

What is the structure of the High Court?

Answer 7

It is divided into 3 divisions:
- King’s Bench Division
- Chancery Division
- Family Division

Question 8

What does the KBD contain?

Answer 8

Administrative/Divisional Court; Planning Court; PI, nuisance, contract, disputes, enforcement proceedings and some Business and Property Courts

Question 9

What does the Chancery Division contain?

Answer 9

Business Property Courts, Competition, Insolvency, IP

Question 10

What are the Business Property Courts?

Answer 10

specialist courts which sit within KBD and Chancery Divisions

They decide business, property, tech and construction disputes

Question 11

What BPC sit in KBD?

Answer 11

Commercial Court
Admiralty Court
Technology and Construction Courts

Question 12

What BPC sit in the Chancery Division?

Answer 12

Competition List, Insolvency List, IP, Trusts, Property and Probate, Revenue, Business

Question 13

What is the leapfrog appeal?

Answer 13

It is the process of appealing straight from the High Court to the Supreme Court (for civil cases only)

Question 14

What is the procedure for the leapfrog appeal process?

Answer 14

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

Question 15

What is the position of the ECHR?

Answer 15

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

Question 16

Are English and Welsh courts bound by ECHR?

Answer 16

No, but under s2 HRA, they must ‘take into account’ any judgment, declaration or opinion of ECHR

Question 17

What is the time limit to appeal to ECHR?

Answer 17

4 months from date of domestic decision

Question 18

What is the position of the Judicial Committee of the Privy Council?

Answer 18

A court of last resort for certain Commonwealth countries and UK overseas territories

Judgments not binding but highly persuasive

Question 19

What is the name of judges who sit in Supreme Court

Answer 19

Justices of Supreme Court

Headed by President of Supreme Court

There are 12 Justices

Question 20

What is the name of judges who sit on Appeal Court and who heads Civil and Criminal Divisions?

Answer 20

Lord and Lady Justices of Appeal

• Civil Division headed by Master of Rolls
• Criminal Division headed by Lord/Lady Chief Justice

Question 21

What is the name for judges of High Court and who heads the Divisions?

Answer 21

High Court Judges

• KBD: President
• Chancery Division: Chancellor
• Family Division: President

Question 22

What are rights of audience

Answer 22

The right to appeal in Crown Court and superior courts

Question 23

Where do solicitors have automatic rights to appear in?

Answer 23

County and Magistrates’ Court

Question 24

What are the solicitors’ rights of audience?

Answer 24

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

Question 25

In which courts do High Court judges have jurisidction?

Answer 25

• High Court
• Crown Court
• Family Court

Question 26

Where must Personal Injury claims of a value of less than £50,000 be commenced?

Answer 26

The claim must be issued in County Court

Question 27

Where must a non-personal injury claim worth £100,000 or less be issued?

Answer 27

Must be issued in County Court

Question 28

What must solicitors wishing to carry out advocacy in the Higher Courts obtain?

Answer 28

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