The English Legal System - Courts (Chapters 2+3) Flashcards
Which court covers all of the United Kingdom?
The Asylum and Immigration Tribunal
The Special Immigration Appeals Commission
Which court covers all of England, Wales and Scotland?
The employment tribunals and the Employment Appeal Tribunal
What is the Supreme Court of the United Kingdom?
When was it created? With what law?
It is the highest court of appeal in England, Wales, and Northern Ireland. In Scotland, it is only the highest court of appeal in civil, but not criminal cases.
It was established by the Constitutional Reform Act 2005 and became operational in 2009.
Which judicial functions did the Supreme Court of the United Kingdom take over?
Judicial functions of the House of Lords
Devolution cases from the Judicial Committee of the Privy Council
Which is Scotland’s supreme court in civil cases?
How is it structured?
The Court of Session (first instance and court of appeal)
The court is divided into inner and outer house
The Outer House serves as the court of first instance
The Inner House is superior and serves as Scotland’s upper appeal court for civil cases (it also has a small range of first instance business)
Which act made it possible to make an appeal to the Supreme Court of the United Kingdom if a party wished to overturn the Inner House of the Court Session?
Courts Reform (Scotland) Act 2014
What are the conditions for a party wishing to overturn a decision of the Inner House of the Court Session when making an appeal to the Supreme Court of the UK?
The decision must have been made after 22nd September 2015
The party must seek permission before seeking further appeal
If the Inner House refuses, a party can ask the Supreme Court directly
The Supreme Court only grants permission if the appeal raises a point of general public importance, if so, the Supreme Court also considers the view of the Inner House
Which is the last court in Scotland for criminal cases?
The High Court of Justiciary
Which are the three devolution statutes?
Scotland Act
Government of Wales Act
Northern Ireland Act
All from 1998
The Constitutional Reform Act 2005 attributed the jurisprudence in devolution cases of the the Privy Council (Judicial Committee) to the Supreme Court. What is the the Privy Council?
A formal body of advisers to the sovereign of the United Kingdom. It is composed from the House of Commons and the House of Lords (current or former members).
The High Court of Justiciary is the highest court in Scotland for criminal cases. In what cases can a case be brought before the Supreme Court of the UK? Based on what law?
Scotland Act 2012 introduced a right to appeal to the Supreme Court where a “compatibility issue” under human rights legislation arises.
A party must seek permission from the High Court of Justiciary. If none is given, a party can seek permission of the Supreme Court within 28 days of non-approval from High Court.
However, the Supreme Court remits the case to the High Court if the issue has been determined.
In which cases may the High Court of Justiciary depart from its own case law?
When the interest of justice require it.
Name of the courts in England and Wales
His Majesty’s Courts of Justice of England and Wales
Who administers the courts in England and Wales?
His Majesty’s Courts and Tribunal Service, an executive agency under the Ministry of Justice
Which five courts exist in England and Wales?
The Court of Appeal
The High Court
The Crown Court
The Magistrates’ Courts
The County Court
What is the objective of civil courts?
To restore the parties to their previous positions
Name of the party who instigates the complaint or action against the defendant in civil and criminal cases
Claimant in civil cases
Prosecutor in criminal cases
Standard and burden of proof difference between civil and criminal cases
In civil cases, the claimant is required to prove his case “on the balance of possibilities”, unofficially described as the 51% test, to prove his case
In criminal cases, the prosecution must prove the case “beyond reasonable doubt”, unofficially described as the 99% test, to get a conviction
What happens to the defendant in a civil case?
They are either found liable or not liable, and are required to pay damages to the claimant or to obey orders or injunctions of the court
How does the role of a judge differ in common law from civil law?
The English legal system is predominantly adversarial in which representatives from each party investigate, debate and argue their case, while the judge takes an important role in the process and acts as a referee or arbiter between the prosecution/claimant and the defence.
The judge in inquisitorial legal system, which is more predominant in civil law jurisdictions, actively investigates cases, participates in fact-finding and evidence gathering, and questions witnesses.
Which are the civil courts of first instance in England and Wales?
The High Court
County Court
How does the Magistrates’ Courts differ from the High Court and the County Court in civil cases?
Magistrates’ Courts only have very limited powers in civil cases.
The powers are limited to:
1) Family proceedings (matrimonial relief and child custody)
2) Local authority care or supervision orders
3) Council tax, income tax, VAT arrears enforcement
4) Alcoholic beverage licensing
What type of criminal cases does the County Court deal with?
None, it only deals with civil cases.
The title “district judge” can be found in which courts?
County courts and magistrates’ court
Which judges are associated with county courts? How do they differ?
Circuit judge
Recorders (part-time circuit judges)
District judges (lower and can handle cases with up to 25k GBP)
Why is it relevant if a Circuit Judge or a District Judge hears a case?
It matters for the appeal procedure.
District Judge in County Court -> Circuit Judge in County Court
Circuit Judge in County Court -> High Court Judge
Appeals against Circuit Judge’s decision from appeal against District Judge will go to Court of Appeal, not High Court Judge
What is a “hearing centre” of County Court?
The County Court is a single national entity with a national jurisdiction and sits at various locations throughout England and Wales. The court houses act as hearing centers.
Is there a rule where a case has to be stated before a hearing centre of a County Court? (e.g. geography)
No, a case can be stated before any hearing centre.
If the case is defended and the defendant owes a fixed amount of money, the case is automatically transferred to the hearing centre of the defendant’s home court.
Which act(s) are the foundation for the County Courts?
Courts Act 1984
Courts and Crime Act 2013
3 Civil case claims that have to be brought before the County Court
1) Personal injury case caused by negligence with value less than 50k GBP (above may be started in High Court too, but only if complex or high value or outcome is of high public importance)
2) Claims or damages with value less than 100k GBP (above may be started in High Court too, but only if complex or high value or outcome is of high importance)
3) Claim in equity with value 350k GBP or less (see separate list)
For which 7 proceedings does the County Court have all the jurisdiction of the High Court to hear and determine the cases?
Proceedings for:
1) The administration of the estate of a deceased person
2) The execution or declaration of a trust
3) The foreclosure or redemption of any mortgage
4) The specific performance, for the rectification, delivery up or cancellation, or any agreement for the sale, purchase or lease of any property
5) The maintenance or advancement of a minor
6) The dissolution or winding-up of any partnership
7) Relief against fraud or mistake
A civil claim in tort or contract will almost always be for …
damages
Where a claimant has suffered physical discomfort, what kind of claim should be made regarding the sum?
Claim for an unspecified sum
How do the rules differ in the County Court from the High Court?
They don’t. They are the same.
County Court: What are the 3 track allocations?
Small Claims Track
Fast Track
Multi-Track
County Court: Who decides the allocation to the small claims track?
Which two factors are being taken into consideration?
The District Judge
1) The Financial Value of the Case
2) The Complexity of the Case
What is the limit for the financial value of the case for the small claims track at the County Court? What are the three exceptions to this?
10,000 GBP
1) Personal injury: Value of the claim for personal injury is not more than 1,500 GBP
2) Claim of tenant of residential premises against their landlord for repairs and other work to the premises (generally allocated to small claims track) if (a) the cost of the repairs or other work to the premises is estimated to be not more than 1,000 GBP and (b) the financial value of any other claim for damages is not more than 1,000 GBP
3) Personal injury from traffic accident (whiplash injury): limit 5,000 GBP, max 10,000 GBP for all losses
In which cases can a District Judge allocate a case with a financial value less than 10,000 k GBP attribute a case to another track?
When the case is complicated.
Which 3 cases are not attributed to the small claims track?
1) Claim for remedy for harassment
2) Claim for remedy for unlawful eviction
3) Disputed allegation of dishonesty
Where are the costs for court proceedings regulated?
Civil Procedure Act 1998
What types of costs are involved in court proceedings? (3)
Which of these are carried by the unsuccessful party?
1) Court fees: Standard administrative fees - carried by unsuccessful party
2) Reasonable expenses, such as costs for travel, loss of earnings, and fees for expert witness - carried by unsuccessful party
3) Standard legal costs: For work carried out by solicitors - borne by parties themselves
In which cases can a court order additional costs against claimants?
For vexatious litigants or frivolous claimants
County Court: What factors are considered by the court to allocate cases to a certain track?
Financial value of claim
Nature of remedy sought
Complexity of facts, law, or evidence
Number of parties involved
Value of counterclaim and complexity
Amount of oral evidence required
Importance of claim to persons who are not parties of the proceedings
Views expressed by parties
Circumstances of parties
What happens if a court has allocated a claim to a track?
It will notify the parties
Can claims be re-allocated to different tracks?
Yes
What are the most common types of claims in the small claims track?
Consumer rights claims (consumers asserting their rights against retail stores, banks etc. in respect of charges, fees, and refunds and so on)
Compensation for faulty services provided (e.g., by builders, dry cleaners, garages etc.)
Compensation for faulty goods provided (e.g., televisions, washing machines, etc.)
Disputes between landlords and tenants (e.g. rent arrears or compensation for not doing repairs)
Wages owed
Money in lieu of notice
How can an appeal be made to a judgement or order (or part of it) of a District Judge?
1) At the end of the sitting in the small claims court with permission from the District Judge
2) By application to a Circuit Judge in the County Cort
When will a case usually be allocated to the fast track?
1) it is not suitable for the small claim track
2) Its financial value is over 10’000 GBP and not more than 25’000 GBP
3) The trial is likely to last more than one day, and the case requires expert evidence in no more than two expert areas
What is meant with the “no frills” procedure for medium-sized cases in the fast track?
The procedure is for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases.
Frills = Rüschen
Where are cases allocated to the fast track heard?
Generally in the County Court; they might also be heard in the High Court depending on their legal or public interest significance.
When is a case allocated to the multi-track?
When it’s not suitable for the small claims or fast track.
Where are multi-track cases heard?
Either by Circuit Judge in the County Court OR
by a High Court Judge (typically the latter)
What is the monetary limit for multi track cases?
Not lower than 25,000 GBP
However, can be lower if
a) accident at work claim which involves calling numerous witnesses
b) case raises points of real public importance
According to Practice Direction 29 of the Civil Procedure Rules, which claims are suitable for trials in the High Court?
1) Professional negligence claims
2) Fatal Accident Act claims
3) fraud or undue influence claims
4) defamation claims
5) claims for malicious prosecution or false imprisonment
6) claims against the police
7) contentious probate claims
What cases does the High Court cover?
Civil court of first instance for higher value or specified claims
Criminal and civil appellate court for cases from lower courts
What are the three divisions of the High Court?
King’s Bench, Chancery and Family Divisions
The High Court has three divisions, are these separate courts?
No, but they have separate procedures and practices adapted to their purposes and each her of particular type of cases.
