The Senior Courts

Question 1

What are the senior courts of England and Wales?

Answer 1

The Supreme Court

The CoA

The High Court

The Crown Court

Question 2

Where do judges in the High Court sit?

Answer 2

They sit in the Royal Courts of Justice and in a number of regional centres outside of London called District Registries.

Question 3

What are the three divisions in the High Court?

Answer 3

KBD
Family Division
Chancery Division.

Question 4

How are judges in the High Court appointed?

Answer 4

They are appointed by the Monarch on the recommendation of the Lord Chancellor.

This is after a fair and open competition administered by the Judicial Appointments Commission.

Question 5

What is the requirement for appointment to the High Court?

Answer 5

They 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.

Question 6

What is the prefix given to High Court judges?

Answer 6

The `Honourable’ and referred to verbally as Mr/Mrs/Ms Justice [surname].

Question 7

What are High Court Masters?

Answer 7

They are procedural judges. At first instance, they deal with all aspects of legal proceedings, from its issue until it is ready for trial.

After trial, the Master resumes responsibility for completion of the case.

Question 8

Who do the Masters of the High Court comprise of?

Answer 8

The Senior Master, 9 KBD masters, the Chief Master and 5 Chancery Masters.

Question 9

What is the KBD’s jurisdiction?

Answer 9

Predominately a civil court but also has some criminal jurisdiction (through the Administrative Court).

Question 10

What sorts of cases do the KDB mainly deal with?

Answer 10

`Common law business’ e.g. actions relating to contract disputes and claims in tort.

They also deal with applications for judicial review.

High Court Judges also hear criminal cases in the CC.

Question 11

What is the Administrative Court responsible for?

Answer 11

It sits in the KBD and is responsible for the administrative law jurisdiction of England and Wales.

Question 12

What jurisdiction does the Administrative Court have?

Answer 12

Civil and criminal jurisdiction (notably appeals `by way of case stated’ from the Magistrates courts).

Question 13

Are all judicial review proceedings dealt with in the Administrative Court?

Answer 13

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.

Question 14

What cases in the Administrative Court will be heard by a Divisional Court and what is a Divisional Court?

Answer 14

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. These will usually be in criminal cases including a number of more difficult extradition cases.

Question 15

What judges sit in the Administrative Court?

Answer 15

Most of the 71 High Court judges assigned to the KBD regularly sit in the Administrative Court, as do some judges in the Chancery and Family Division.

Question 16

Where is the Chancery Division based?

Answer 16

Based in the Rolls Building in London and in eight principle trial centres.

Question 17

Who is the head of the Chancery Division?

Answer 17

The Chancellor of the High Court.

Question 18

How many judges sit in the Chancery Division?

Answer 18

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.

Question 19

What is the purpose of the Family Division?

Answer 19

Judges who sit in the High Court can hear all cases relating to children 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.

Question 20

What rights of audience do solicitors have?

Answer 20

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. 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 21

Where is the CoA based?

Answer 21

Based in the Royal Courts of Justice in London but has occasional sittings elsewhere in England and Wales.

Question 22

What divisions does the CoA have?

Answer 22

Civil and Criminal Division.

Question 23

How are CoA judges appointed?

Answer 23

Appointment is by the monarch on the recommendation of a selection panel convened by the Judicial Appointments Commission.

Question 24

Who are the judges in the CoA?

Answer 24

The Judges in the CoA are the Heads of Division (the Lord Chief Justice of England and Wales, the Master of Rolls, the President of the KBD, President of the Family Division and the Chancellor of the High Court) and the Lords Justices of Appeal.

Question 25

What are the judges in the CoA referred to as?

Answer 25

The Lords Justices of Appeal are referred to verbally as `Lord/Lady Justice [surname], or, in writing, as [surname] LJ.

Question 26

Who does the Civil Division of the CoA hear appeals from?

Answer 26

The High Court and County Courts (if judgement was given by a Circuit Judge) and certain tribunals such as the Employment Appeal Tribunal and the Immigration Appeal Tribunal.

Question 27

Who is the civil division of the CoA headed by?

Answer 27

The Master of Rolls.

Question 28

Who are cases in the Civil Division of the CoA heard by?

Answer 28

Generally heard by three judges, consisting of any combination of the Heads of Division and Lords Justices of Appeal.

Question 29

Who does the Criminal Division hear appeals from?

Answer 29

From the Crown Court.

Question 30

Who heads the Criminal Division of the CoA?

Answer 30

It is headed by the Lord Chief Justice.

Question 31

Who normally hears cases in the Criminal Division of the CoA?

Answer 31

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 32

Who does the SC hear appeals from?

Answer 32

Hears appeals from courts in England and Wales, Scotland and Northern Ireland on the most significant cases.

Question 33

How many judges are in the SC?

Answer 33

There are 12 SC judges known as `Justices’.

Question 34

What are the judges in the SC known as?

Answer 34

They are known as “Lord/Lady” [surname].

Question 35

When can an appeal to the SC be made?

Answer 35

Permission to appeal to the SC is required and will only be granted if the issued raised is of `general public importance’ e.g. the availability of damages for the payment of commercial surrogacy feeds.

Question 36

What is the “leapfrog appeal”?

Answer 36

In cases of high important, which are likely to reach the SC, it is possible for the case to by-pass the CoA.

This procedure is known as “leapfrog appeal” and means that a judgment of the High Court is appealed directly to the SC.