The Courts and Tribunals System

Question 1

The Judicial Committee of the Privy Council

Answer 1

The Judicial Committee of the Privy Council is the final appeal court for UK overseas territories and Crown dependencies. It is also the final appeal court for those Commonwealth countries which have retained the appeal to ‘His Majesty in Council’ or, in the case of those which are
republics, have retained appeal to the Judicial Committee. The purpose of the Judicial Committee is to advise the Crown, so in theory it never decides a case
but instead ‘humbly advises His Majesty’. In practice, however, the monarch never refuses the advice of the Judicial Committee.

The Judicial Committee hears both civil and criminal matters. It consists of senior members of the judiciary, usually from the Supreme Court (previously from the House of Lords). In addition, senior members of the judiciary from Commonwealth jurisdictions are members of the Judicial
Committee. The decisions of the Privy Council are not binding on the English courts, but its opinions can be highly persuasive. Some decisions are viewed as almost as authoritative as decisions of the House of Lords or the Supreme Court. This is because the Privy Council is made up of the same Justices that sit in the Supreme Court.

Question 2

The Criminal Cases Review Commission

Answer 2

The Criminal Cases Review Commission (CCRC) is a statutory body responsible for reviewing alleged miscarriages of justice in the United Kingdom. It has power to send a case back to the Court of Appeal for review, if it considers there is a ‘real possibility’ that the Court of Appeal will overturn the conviction or sentence. If the decision to be reviewed was made in the Magistrates’ or Youth Court, the CCRC can send it
back to the Crown Court for review. This review takes the form of a re-hearing, in which all the evidence is heard again.
In order to refer a case for appeal, the Commission usually has to identify new evidence or a new legal argument that makes the case look significantly different. This evidence or argument must not have been considered at the time of the trial, at the initial appeal, or in an earlier application
to the Commission.

(There is an ‘exceptional circumstances’ caveat that allows the Commission to refer cases with no new evidence or argument, but such instances are extremely rare.)

Question 3

Judges in the County Court

Answer 3

There are three levels of Judge in the County Court:
* Deputy District Judges (DDJs) are the most junior. They are often ‘fee paid’ ie paid a daily rate, rather than a salary.
* District Judges (DJs) are the next level up. Most judges in the County Court are District
Judges. They hear some final hearings, but the majority of their work is procedural.
* Circuit Judges (CJs) are the most senior. There are also Circuit Judges in the Crown Court (see your separate materials). The more complex cases in the County Court will be heard by a Circuit Judge. They will also hear appeals from decisions by DJs and DDJs.

Question 4

Appeals from the County Court

Answer 4

An appeal against a decision by a Deputy District or District Judge will remain in the County Court to be decided by a Circuit Judge. The decision of a Circuit Judge can be appealed to the High Court, and subsequently to the Court of Appeal (Civil Division) but only with permission. In principle, a decision of the Court of Appeal (Civil Division) can be appealed to the Supreme Court, but only if it deals with a point of law of general public importance. See later materials on the Senior Courts for further details on appeals. Note too that the County Court does not create precedent. It is bound by the higher courts.

Question 5

What are tribunals?

Answer 5

Tribunals are specialist judicial bodies dealing with administrative and regulatory cases. They do not have any jurisdiction in criminal matters. Cases may be started in a Tribunal or transferred between the County Court and the High Court, and tribunals (and vice versa). There are two Tribunal levels: the First-tier Tribunal, and the Upper Tribunal. The Upper Tribunal is a senior court and is equivalent to the High Court. The Upper Tribunal hears appeals from the
First Tier Tribunal. The current tribunals system was created by the Tribunals, Courts and Enforcement Act 2007, which consolidated the previous system.

Question 6

First-tier Tribunal

Answer 6

There are seven first-tier tribunals, known as ‘chambers‘. The chambers in the First-tier Tribunal hear appeals from citizens against decisions made by government departments or agencies, although proceedings in the Property Chamber are on a private law basis, as are proceedings in
the Employment Tribunal.
* War Pensions and Armed Forces Compensation Chamber
* Social Entitlement Chamber
* Health, Education and Social Care Chamber
* General Regulatory Chamber
* Tax Chamber
* Immigration and Asylum Chamber
* Property Chamber
The Employment Tribunal is also at ‘first tier’ level but is not a ‘Chamber’ of the First-tier Tribunal.

Question 7

Upper Tribunal

Answer 7

There are four chambers in the Upper Tribunal, hearing appeals from the First Tier. The Employment Appeals Tribunal is at Upper Tribunal level but sits separately.

Administrative Appeals Chamber:
* War Pensions and Armed Forces
Compensation Chamber
* Social Entitlement Chamber
* Health, Education and Social Care
Chamber
* General Regulatory Chamber

Tax and Chancery Chamber:
* Tax Chamber

Immigration and Asylum Chamber:
* Immigration and Asylum Chamber (FTT)

Lands Chamber:
* Property Chamber

Question 8

Senior President and judicial personnel

Answer 8

The Senior President of Tribunals is the independent and statutory leader of the tribunal judiciary. This office was established under the Tribunals Courts and Enforcement Act 2007. Just as the Lord Chief Justice heads the judiciary in England and Wales, the Senior President heads the tribunals judiciary, although his or her remit extends to Scotland and Northern Ireland depending on the jurisdiction concerned (Immigration and Asylum as well as Tax are UK-wide).
A Tribunal or Chamber President is responsible for the day-to-day judicial administration of their tribunal or (within the new simplified, two-tier structure) their Chamber. They act as a vital link between the Senior President of Tribunals, the judicial officers of their tribunal, and the senior judiciary outside the Tribunals Service. Tribunal judges are legally qualified and responsible for ensuring the individual tribunal hearings they chair make the correct decision in law. Tribunal members are the specialist non-legally qualified, ‘lay’ members of the panel hearing the case. Not every panel includes non-legal members.

Question 9

Coroner’s Courts

Answer 9

Another important part of public decision-making takes places in Coroner’s Courts. Coroners investigate all deaths where the cause is unknown, or where there is reason to think it was not due to natural causes. Coroners’ investigations are called ‘inquests’.
Coroners will hear evidence from people involved in events leading up to the death of the deceased. Inquests are not as formal as court hearings, although the parties may be represented by lawyers and there may be examination of witnesses. Juries will be convened to decide the cause of death in some cases, notably when the deceased died in state custody.
Coroners do require legal experience, but they are not considered to be members of the judiciary. Coroners are barristers, solicitors or medical practitioners of not less than five years standing, who continue in their legal or medical practices when not sitting as coroners. A Coroner’s decision is called a ‘verdict’.

Question 10

Public inquiries

Answer 10

Public inquiries are major investigations, convened by government departments, that are given special statutory powers to compel testimony and the release of other forms of evidence.

The only justification required for a public inquiry is the existence of ‘public concern’ about a particular event or set of events.
Public Inquiries have addressed topics as wide-ranging as transport accidents, fires, the mismanagement of pension funds, self-inflicted deaths in custody, outbreaks of disease, and decision-making that has led to war.

Notable recent inquiries include the public inquiry into the Grenfell disaster, the public inquiry into under-cover policing, and the public inquiry into the UK’s role in the Iraq War.

Town and Country planning decisions of public importance have long been made following public inquiries. These inquiries take place under separate legislation.
Inquiries happen when the local authority refuses planning permission for a development, and the developer appeals. Inquiries also take place into proposed local plans (plans which set out what kind of development is allowed where in a local area). Inquiries allow members of the public to appear as ‘third parties’ and challenge the evidence given by the local authority and the developer.

Question 11

Inquiries Act 2005

Answer 11

If a public inquiry is held under this Act, the inquiry has:
* Legal safeguards and procedures.
* Statutory framework for appointment of a chair and other inquiry personnel, the taking of evidence, and production of a report and recommendations.
However, there is nothing to compel the government to act on the recommendations of a statutory
public inquiry.

Question 12

What are the ‘senior courts’?

Answer 12

The senior courts of England and Wales are:
* The Supreme Court (before 1 October 2009, the House of Lords)
* The Court of Appeal
* The High Court
* The Crown Court (covered in your separate materials)
The structure and jurisdiction of the senior courts are set out in the Senior Courts Act 1981.

Question 13

The High Court

Answer 13

The High Court is part of the Supreme Court of Judicature created by the Judicature Act 1873. (This followed the merging of the once separate common law and equity court systems.)
Judges of the High Court sit at the Royal Courts of Justice in London, and at number of regional centres outside London called District Registries.
The Administration of Justice Act 1970 re-structured the Court into three divisions:
* King’s Bench Division (KBD)
* Chancery Division
* Family Division

Question 14

Judges in the High Court

Answer 14

High Court judges are nominally appointed by the monarch on the recommendation of the Lord Chancellor, after a fair and open competition administered by the Judicial Appointments Commission.
Candidates for appointment to the High Court must satisfy the judicial appointment eligibility condition on a seven-year basis or be Circuit Judges who have held office for at least two years.
2: The courts and tribunals system 33
High Court Judges are given the prefix ‘the Honourable’ and referred to verbally as ‘Mr/Mrs/Ms Justice [surname]’. This is abbreviated to: ‘[surname] J’ in writing.
In the High Court there are also procedural judges called Masters. At first instance they deal with all aspects of legal proceedings, from its issue until it is ready for trial by a trial judge – usually a High Court judge. After the trial, the Master resumes responsibility for completion of the case.
The Masters comprise: the Senior Master and nine King’s Bench Division masters; the Chief Master and five Chancery masters.

Question 15

Regional locations

Answer 15

All the divisions of the High Court also have district registries or regional centres where High Court cases can be heard. As an example, the Administrative Court deals with the majority of its work at the Royal Courts of Justice in London but there are also regional centres in Cardiff, Bristol, Birmingham, Leeds and Manchester. (Collectively, these regional offices account for just over 20% of the overall work of
the Administrative Court.) Cases of real importance, often where the issue is of particular interest locally, are routinely heard in the courts outside London, ensuring litigants, public authorities and the wider community are able to see these matters being decided within their local area.

Question 16

King’s Bench Division

Answer 16

The King’s Bench Division is predominantly a civil court but also has some criminal jurisdiction (through the Administrative Court). Judges who hear civil cases in the King’s Bench Division mainly deal with ‘common law’ business – notably actions relating to contract disputes and claims in tort.

Contract cases include failure to pay for goods and services and other breaches of contract, while KBD tort cases include:
* Wrongs against the person, eg defamation of character and libel;
* Wrongs against property, eg trespass;
* Wrongs which may be against people or property, eg negligence or nuisance.
KBD judges also preside over more specialist matters, such as applications for judicial review – a type of case which seeks to establish if a government decision has been made in the correct way.

High Court Judges also hear criminal cases in the Crown Court, including in its various regional centres (alongside Circuit judges and Recorders).

Question 17

Administrative Court

Answer 17

The Administrative Court is part of the King’s Bench Division. It is responsible for the administrative law jurisdiction of England and Wales. Its varied work is directed at the lawfulness of actions of central and local government, regulatory and disciplinary bodies, inferior courts and tribunals, and other public bodies and
officials exercising public functions. It has both a civil and criminal jurisdiction (notably appeals ‘by way of case stated‘ from the magistrates’ courts). Not all judicial review proceedings are dealt with by the Administrative Court. The Upper Tribunal
(Immigration and Asylum Chamber), ‘UTIAC’, has JR powers in relation to most immigration decisions and since November 2013 deals with the vast majority of such cases. Some of the cases in the Administrative Court will be heard by a Divisional Court which is a court
consisting of two or more judges. These will usually be in criminal cases including a number of the more difficult extradition cases. Most of the 71 High Court judges assigned to the King’s Bench Division regularly sit in the Administrative Court, as do some judges in the Chancery and Family
Division.

Question 18

The Chancery Division

Answer 18

Based in the Rolls Building in London and in eight principal regional trial centres, the Chancery Division is now the largest unit for handling business and property cases in the country.

The head of the Chancery Division is the Chancellor of the High Court. There are currently 18 High Court judges attached to the Division. In addition, in London, there are six judges who are referred to as Masters (one of whom is the Chief Master), and six Insolvency and Companies Court Judges (one of whom is the Chief Insolvency and Companies Court Judge). There are also
a number of Specialist Circuit Judges and District Judges who sit outside London and (in the case of the Circuit Judges) occasionally in London. The Chancery Division incorporates the Insolvency and Companies Court, the Patents Court and
the Intellectual Property Enterprise Court (IPEC). The remainder of the work of the Division is referred to as ‘general Chancery’ work. This is the area of practice where the law of equity is most significant.

Question 19

The ‘Business and Property Courts’

Answer 19

The Business and Property Courts cover the work of the specialist courts within the Rolls Building in London and at the civil and family courts in Manchester, Birmingham, Leeds, Cardiff and Bristol. They bring together the work of the Chancery Division and specialist courts of the King’s Bench Divisions of the High Court.

The business and property courts include:
* The Commercial Court (eg shipping, sale of goods, insurance and reinsurance)
* The Business List
* The Admiralty Court
* The Commercial Circuit Court (previously the Mercantile Court)
* The Technology and Construction Court
* The Financial List (eg banking and financial markets)
* The Insolvency List

Question 20

The Family Division

Answer 20

Judges who sit in the High Court can hear all cases relating to children and have an exclusive jurisdiction in wardship – a type of court order which gives custody of a minor (under 18) child to the court, with day-to-day care carried out by an individual(s) or local authority. Judges in the High Court also hear appeals from the Family Court, which is the main court of first instance for both public and private family matters (at an equivalent level to the county courts). Briefly, public family law concerns the safety and protection of children and related issues, and private family law concerns divorce and ancillary financial arrangements.

Question 21

Rights of audience

Answer 21

Solicitors can carry out advocacy in the Magistrates’ Court; County Court; the Tribunals; and Appeal Tribunals.

Solicitors are not generally authorised to carry out advocacy in the ‘Higher Courts’, which, for the purposes of civil disputes, means the High Court, Court of Appeal and Supreme Court. This work would ordinarily be carried out by barristers. If solicitors wish to carry out advocacy in the High Courts, they need to undertake training and
pass assessments to obtain Higher Rights of Audience.

Question 22

The Court of Appeal

Answer 22

The Court of Appeal is based at the Royal Courts of Justice in London but has occasional sittings elsewhere in England and Wales. It consists of a Civil Division and a Criminal Division, which between them hear appeals on a wide range of cases covering civil, family and criminal justice. In
some cases, a further appeal lies, with permission, to the Supreme Court, but in practice the Court of Appeal is the final court of appeal for the great majority of cases. All Court of Appeal 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 The judges of the Court of Appeal are the Heads of Division (the Lord Chief Justice of England and Wales, the Master of the Rolls, the President of the King’s Bench Division, the President of the
Family Division and the Chancellor of the High Court) and the Lords Justices of Appeal. The Lord Justices of Appeal are referred to verbally as ‘Lord/Lady Justice [Surname]’ or, in writing, as ‘[Surname] LJ’.

Question 23

Court of Appeal - Civil and Criminal Divisions

Answer 23

The Civil Division hears appeals from the High Court, County Courts (if judgement was given by a Circuit Judge) and certain tribunals such as the Employment Appeal Tribunal and the Immigration Appeal Tribunal. It is headed by the Master of the Rolls. Cases are generally heard by three judges, consisting of any combination of the Heads of Division and Lords Justices of Appeal. The Criminal Division hears appeals from the Crown Court. It is headed by the Lord Chief Justice, who is the Head of the Judiciary and President of the Courts of England and Wales. The Lord Chief Justice assumed the role of Head of the Judiciary following the Constitutional Reform Act 2005, which changed the role of the Lord Chancellor from a mixed judicial and political one to a fully political one.

Cases in the Criminal Division are generally heard by three judges, consisting of the Lord Chief Justice or the President of the King’s Bench Division or one of the Lords Justices of Appeal, together with two High Court Judges or one High Court Judge and one specially nominated Senior Circuit Judge.

Question 24

The Supreme Court

Answer 24

The Supreme Court is at the apex of the legal system of the United Kingdom. It hears appeals from courts in England and Wales, Scotland and Northern Ireland on the most significant cases. It was established by the Constitutional Reform Act 2005 to replace the old Appellate Committee of the House of Lords. However, it did not start sitting until October 2009.
There are 12 Supreme Court judges, known as ‘Justices’. They are known as ‘Lord/Lady
[surname]’. The full Court sits when the most important cases, usually those of constitutional significance, are heard. The senior judge is known as the President.
Permission to appeal to the Supreme Court is required and will only be granted if the issue raised is of ‘general public importance’. Recent issues include:
* The availability of damages for the payment of commercial surrogacy fees
* The lawfulness of prorogation of Parliament by the Prime Minister
* Whether the applicable standard of proof in inquest proceedings in the case of suicide is the civil or the criminal standard

Question 25

Civil appeals

Answer 25

It should be noted that, in cases of high importance, which are very likely in any event to reach the Supreme Court, it is possible for the case to by-pass the Court of Appeal. This clearly saves time and legal costs.

The procedure is known as a ‘leapfrog appeal’ and means that the judgment of the High Court is appealed directly to the Supreme Court. This was provided for by sections 12-16 the Administration of Justice Act 1969 in relation to the House of Lords and it has since been confirmed that the practice also applies to the Supreme Court.

Question 26

Rights of audience

Answer 26

Solicitors can carry out advocacy in the Magistrate’s Court, County Court, Tribunals and Upper Tribunal.

Solicitors are not generally authorised to carry out advocacy in the ‘Higher Courts’, which for the purposes of civil disputes means the High Court, Court of Appeal and Supreme Court. This work would ordinarily be carried out by barristers. If solicitors wish to carry out advocacy in the High Courts, they need to undertake training and pass assessments to obtain Higher Rights of Audience.

Question 27

Judicial leaders

Answer 27

As well as the judges mentioned on the previous slide, you should be aware of some particular leadership roles in the judiciary.

Lord Chief Justice: the most senior member of the judiciary, the Lord Chief Justice represents the views of the judiciary of England and Wales to Parliament and Government and leads in relation to the welfare, training and guidance of the judiciary and the deployment of judges across England and Wales.

Master of the Rolls: President of the Civil Division of the Court of Appeal, a judge of the Court of Appeal, and second in judicial importance to the Lord Chief Justice.

President of the Family Division: Head of Family Justice, member of the Court of Appeal.

President of the Queen’s Bench Division: Head of the King’s Bench Division, member of the Court of Appeal.

Chancellor of the High Court: Head of the Chancery Division, member of the Court of Appeal.

Question 28

Judges - hierarchy

Answer 28

Supreme Court: Justices of the Supreme Court: “My Lord” or “My Lady”

Court of Appeal: Judges of the Court of Appeal: “My Lord” or “My Lady”

High Court: High Court Judges: “My Lord” or “My Lady”

High Court: Masters: “Judge”

County Court: Circuit Judges, Recorders (part-time Circuit Judges): “Your Honour”

District Judges, Deputy District Judges (part-time District Judges): “Judge”

Question 29

The High Court

Answer 29

The High Court of Justice sits in the Royal Courts of Justice (‘RCJ’) in the Strand, London, and in various regional centres (‘District Registries’). There are over 130 District Registries serving various parts of the country. Claims involving disputes in London must be commenced in the RCJ. Other claims may be commenced in either the RCJ or the appropriate District Registry.

The High Court is divided into 3 divisions, and within those divisions, many specialist ‘courts’ (courts within a court, you might say) and lists.

The High Court is divided into three divisions, each dealing with particular types of claim:

Ø Chancery Division;

Ø King’s Bench Division; and

Ø Family Division.

The allocation of business between divisions is for convenience and reasons of expertise only. The Family Division deals with matrimonial and related matters.

Question 30

In the King’s Bench Division

Answer 30

“General” KBD list

Covers broad areas, mainly claims for damages in respect of personal injury, professional negligence, breach of contract, non-payment of debt, and other matters not falling within specialist courts / lists.

Administrative Court

Administrative law: lawfulness of acts and omissions of the state – mainly judicial review.

Planning Court

Appeals / applications relating to planning permission, highways, rights of way, compulsory purchase orders.

Commercial Court

Complex cases arising out of business disputes, in particular arbitration, aviation, banking and financial markets, fraud, insurance, shipping. Often international disputes.

Circuit Commercial Courts

Commercial work: commercial contracts, sale of goods, insurance, banking, professional negligence.

Technology & Construction Court

Construction, engineering, computers, software, environmental, public procurement.

Admiralty Court

Shipping and maritime.

Question 31

In the Chancery Division

Answer 31

Insolvency and Companies List

‘Insolvency’ includes personal and corporate insolvency. ‘Companies’ includes unfair prejudice petitions, shareholders disputes, directors’ disqualification, applications under the Companies Act 2006.

Revenue List

Claims involving major points of principle relating to taxation where HMRC is a party

Competition List

Competition law

Business List

A broad range of disputes, often concerning a business structure, directors’ breach of duty, tort, breach of contract, pensions, financial services.

Property, Trusts and Probate List

Land including landlord and tenant, administration of estates, execution of trusts, charities, probate.

Intellectual Property List

Intellectual property, such as patents and registered designs

Question 32

Straddling both KBD and Chancery Division:

Answer 32

Financial List

This list is part of both the KBD and Chancery Division, and hears financial disputes of £50million or more in value, and which require particular judicial knowledge of financial markets

The courts now ringed red (specialist courts within the KBD, and all of the Chancery Division) are collectively known as the Business and Property Courts. They sit in London, and some of these courts / lists also sit in Birmingham, Bristol, Leeds, Liverpool, Manchester, Newcastle and Cardiff [ringed is the Commercial Court, Circuit Commercial Courts, Technology & Construction Court, Admiralty Court, Financial List and all of the Chancery Division (so including Insolvency and Companies List, Revenue List, Competition List, Business List, Property, Trusts and Probate List and Intellectual Property List)].

The Court of Appeal and Supreme Court

The Court of Appeal is based at the Royal Courts of Justice in London but has occasional sittings elsewhere in England and Wales. It consists of a Civil Division and a Criminal Division, which between them hear appeals in a wide range of cases covering civil, family and criminal justice. In some cases a further appeal lies, with permission, to the Supreme Court, but in practice the Court of Appeal is the final court of appeal for the great majority of cases.

The Supreme Court is at the apex of the legal system of the United Kingdom. It hears appeals from courts in England and Wales, Scotland and Northern Ireland on the most significant cases.

Permission to appeal to the Supreme Court is required and will only be granted if the issue raised is of ‘general public importance’.