2. Court Structure & Appeals Flashcards
(36 cards)
What are the monetary limits for the small claims track?
Personal injury: £1,000
PI from road traffic accident: £5,000
Other: £10,000
Who are inferior judges?
judges sitting below the level of the higher court.
Who are puisne judges?
judges of the lowest rank of the superior court judges.
What are the monetary limits for the fast track?
Personal injury: £10,000
Other: £25,000
What are the two criteria, either of which can be satisfied, for a case to be assigned to the multi-track?
- Over £25,000 or
- Too complex for fast track (even if under £25k)
What are the monetary limits for when a multi-track case may also be started in the High Court, in addition to the County Court?
Personal injury: £50,000
Other: £100,000
What is the maximum sentence for a single offence in the Magistrates’ Court?
6 months
What is the maximum sentence for a multiple offences in the Magistrates’ Court?
12 months
In what courts do solicitors have an automatic right of audience?
Lower courts, i.e. Magistrates’ Court, County Court, Family Court
How is the right of audience to the higher courts, i.e. Crown Court, High Court, Court of Appeal, Supreme Court, gained?
Completing additional advocacy assessments and applying for higher rights of audience
In which court are solicitors not required to obtain higher rights of audience?
County court, Magistrates’ Court, Family Court, and European Courts, and tribunals
What types of cases are heard in the King’s Bench Division?
Contract and tort, Commercial Court, Admiralty Court
What types of cases are heard in the Chancery Division?
Equity and trusts, contentious probate, tax partnerships, bankruptcy, companies, patents
What types of cases are heard in the Divisional Court?
Appeals from the Magistrates’ Court, County Courts on bankruptcy and land.
What types of appeals are heard by Tribunals?
Decisions on immigration, social security, pensions, tax, lands
In civil claims, how many days does a party have to appeal?
21 days, apart from appeals to Supreme Court
For civil claims, what is the test for leave to appeal?
- The claim has a real prospect of success
OR - Some other compelling reason why appeal should be heard
Procedure for criminal appeals from the Crown Court
1- D can appeal to the Court
of Appeal against conviction or sentence, but must first seek leave from either trial court or CoA.
For criminal appeals, if permission to appeal is sought from the CoA, how many days does a defendant have to apply?
within 28 days of the original decision being appealed.
In CoA, to succeed in obtaining leave, what condition must be satisfied?
Conviction must be unsafe or sentence must be manifestly excessive
Appeal from the Magistrate’s Court against conviction or sentence
leave to appeal is not require if submitted within 15 business days from date of sentence/decision.
- C.C may confirm, reverse, or vary any part of the decision appealed, but will not increase sentence given.
- appeal results in full re-hearing (2nd trial)
What other recourse does a defendant have other than appealing to the Crown Crown from the Magistrates Court?
Appeal to the High Court on the ground that the decision was wrong in law or was made outside of the Magistrates’ Court jurisdiction (ultra vires).
- Application must be made in writing within 21 days of O.G decision.
- only legal arguments can be made.
- prosecution can also appeal decision (cf. from C.C appeals)
When can a defendant appeal to the Supreme Court?
Last resort, and must be granted leave by either CoA or S.C
- CoA must certify that a point of law of general public importance is involved.
For criminal appeals, how many days does a defendant have to appeal to the S.C?
within 28 days of CoA decision
