Chapter 2: The Courts & Tribunals System

Question 1

1. The criminal courts

1.1 What is criminal law?

Answer 1

Criminal law is part of public law, that is to say the law which concerns the relationship between the individual and the State.

Criminal cases are brought by the prosecution, representing the State, against the defendant
(sometimes referred to as ‘the accused’).

Question 2

Immediate objective of criminal law

Answer 2

The immediate objective is to allow the State to punish people who have committed offences against society. In a wider sense the criminal law is intended to establish standards of behaviour appropriate for a peaceful and productive society and to provide a deterrent against those who
might breach these.

Question 3

Prosecution brought in the name of the Crown

Answer 3

The prosecution is generally brought in the name of the Crown. For instance, in the case of R v Brown [1970] 1 QBD 105, Mr. Brown was being prosecuted by the State, the ‘R’ standing (then) for Regina – the Queen (now Rex – the King). The correct way to express the case name would be ‘the Crown against Brown’, or it may be referred to merely as ‘Brown’.

Question 4

1.2 Standard and burden of proof

Answer 4

The standard of proof means the level of certainty to which a party must prove their case in order
to succeed at trial. One of the key differences between criminal and civil law is the standard of proof. In criminal law, the standard of proof is ‘beyond reasonable doubt’.

Question 5

Prosecutor as the initiator of actions

Answer 5

With some exceptions, which you will cover elsewhere in your materials, the prosecution, as initiator of the action, bears the burden of proof in criminal proceedings. This means that the prosecution must prove its case beyond reasonable doubt; the defendant (with some exceptions)
does not have to prove anything.

Question 6

1.3 The parties

Answer 6

The parties to a criminal case are the prosecution (the Crown) and the defendant. The body that initiates criminal proceedings in England and Wales is the Crown Prosecution
Service (CPS). This is independent from the police and any other investigative authorities.

Prosecutions can also be started by other governmental agencies in specific situations, for instance the Health and Safety Executive or the Environment Agency. It is also possible for prosecutions to be launched at a local government level, for example for minor environmental
offences such as fly tipping, blocking the highway, or failure to comply with an enforcement notice.

Question 7

Defendants to legal proceedings

Answer 7

Defendants to criminal proceedings can be individuals, or ‘legal persons’ such as companies.

Question 8

1.4 Guilty or not guilty

Answer 8

Every defendant has a choice whether to plead guilty (admit the offence) or not guilty (deny the
offence). If the Defendant pleads not guilty, the case will go on to a trial. The court’s decision in criminal
proceedings at first instance (ie at trial) is called a ’verdict’. It will be either ’guilty’ or ’not guilty’.

Question 9

Defendant found guilty

Answer 9

If the defendant is found guilty, the court will go on to impose a ’sentence’. This might be imprisonment, or a lesser form of punishment, such as a fine. If the Defendant pleads guilty, the court will go on to sentence. Once the Defendant has pleaded guilty, they are treated as being convicted of the offence, and cannot appeal that conviction. They can, however, apply to ‘vacate’ their plea if, for example, they change their minds.

Question 10

1.5 The Magistrates’ Court

Answer 10

The Magistrates’ Court is the lowest level of court in the hierarchy of criminal courts. Virtually all
criminal cases start in the Magistrates’ Court, and around 95% will end there.

Question 11

All summary criminal offences

Answer 11

The Court tries all summary criminal offences (minor offences) and some triable either way offences (mid-range offences which can be tried in either a magistrates’ court or Crown Court). The Magistrates also have some civil jurisdiction.

Question 12

Unlimited fine & maximum imprisonment

Answer 12

The Magistrates have the power to impose an unlimited fine and/or impose a maximum prison
sentence of twelve months for a single offence.

Question 13

Commit the defendant to the Crown Court either for sentence or trial

Answer 13

Where the Magistrates do not dispose of a case, either because they do not have the power to impose a higher sentence or because the offence is one triable either way and a Crown Court trial is thought more appropriate, they will commit the defendant to the Crown Court either for sentence or trial, as the case may be.

Question 14

Magistrates’ Court does not create precedent

Answer 14

The Magistrates’ Court does not create precedent, but it is bound by the Administrative Court, the Court of Appeal and the Supreme Court.

Question 15

1.6 Crown Court

Answer 15

The Crown Court is the senior court of first instance in the criminal law.
It will hear ‘indictable only’ offences. These can only be tried in the Crown Court, because they are too serious for the sentencing powers of the Magistrates.

Question 16

Either Way Offenses

Answer 16

In addition, the Crown Court will hear ‘either way’ offences, transferred to it from the Magistrates’ Court. Trials in the Crown Court involve juries in almost all cases. The Crown Court is administered by an executive agency of the Ministry of Justice, HM Courts
and Tribunals Service, and it sits in approximately 80 locations in England and Wales. The most
well-known is the Central Criminal Court in London, the ‘Old Bailey’.

Question 17

1.7 Appeals from the Magistrates’ Court: Trials heard De Novo

Answer 17

A convicted defendant can appeal to the Crown Court against their conviction, or their sentence,
or both. If the defendant appeals against conviction, their trial will be heard ‘de novo’. In other words, it
will be heard afresh, with all the evidence and witnesses examined again. The trial will take place
before a Crown Court Judge flanked by two Magistrates.

Question 18

Risk of Defendant is that Crown Court Sentencing Powers is higher

Answer 18

The risk the defendant takes is that the sentencing powers of the Crown Court are greater than those of the Magistrates, and so their sentence may be increased if the appeal is unsuccessful.

Question 19

Appeal ‘by way of case stated’

Answer 19

If either the prosecution or the defence consider that the Magistrates’ decision was legally flawed (as opposed to flawed in its assessment of evidence, or on sentence), it may appeal to the
Administrative Court, a specialist court within the King’s Bench Division of the High Court. This is known as an appeal ‘by way of case stated’.

Question 20

1.8 Appeals from the Crown Court

(defendant)

Answer 20

A defendant convicted and sentenced in the Crown Court may, with the permission of the Court
of Appeal (Criminal Division), appeal:
* Their conviction
* Their sentence
* Both conviction and sentence

Question 21

1.8 Appeals from the Crown Court

(prosecution)

Answer 21

The prosecution may also appeal to the Court of Appeal:

• The Criminal Justice Act 2003 enables the prosecution (with the consent of the Director of
  Public Prosecutions) to apply to the Court of Appeal for an order quashing the acquittal of
  anyone found not guilty of a ‘serious offence’.
• The Attorney General may appeal, in some limited circumstances, against an ‘unduly lenient’
  sentence imposed by the Crown Court.

Question 22

1.9 Grounds for appeal against conviction

Answer 22

The Court of Appeal will quash a criminal conviction of the Crown Court if satisfied that the conviction is ‘unsafe’. The Court will hear oral argument from counsel for both sides, but evidence will not be heard again. Common arguments heard in the Court of Appeal relate to new evidence, errors that occurred during the trial process or misdirections of law by the trial judge. If the conviction is quashed, any sentence is automatically quashed with it

Question 23

1.10 Grounds for appeal against sentence (more common than appeal against conviction)

Answer 23

Criminal tribunals follow the ‘sentencing guidelines’ for offences. These are produced by the
Sentencing Council, with the aim of promoting consistency in sentencing.
The key grounds for appealing against sentence are:

• The sentence is not justified by law (ie the judge made an error of law when passing it).
• The sentence was based on an incorrect version of the evidence.
• The judge took irrelevant matters into account when sentencing.
• The judge misapplied or failed to give sufficient weight to the sentencing guidelines

Question 24

1.11 Appeals from the Court of Appeal (Criminal Division) to the Supreme Court (R v R)

Answer 24

In principle, either the defendant or the prosecution may apply for permission to appeal to the
Supreme Court from the Court of Appeal. However, the Supreme Court will only hear an appeal which is certified (either by the Court of
Appeal or by the Supreme Court) as being on a ‘point of law of general public importance’.

This test is rarely met in individual criminal cases. An example of a case in which this ‘public importance’ test was met is R v R [1991] UKHL 12, in
which the House of Lords confirmed that no ‘marital defence’ to the crime of rape existed in English law

Question 25

1.12 The Judicial Committee of the Privy Council (Final appeal court for UK overseas territories and Crown dependencies)

Answer 25

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.

Question 26

Purpose of judicial committee is to advise the Crown

Answer 26

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.

Question 27

Judicial committee hears both criminal and civil matters

Answer 27

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.

Question 28

The decisions of the Privy Council

Answer 28

Not binding on the English courts but are 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 29

1.13 The Criminal Cases Review Commission

Answer 29

The Criminal Cases Review Commission (CCRC) is a statutory body responsible for reviewing alleged miscarriages of justice in the United Kingdom.

Question 30

1.13 The Criminal Cases Review Commission

Answer 30

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.

Question 31

Magistrates’ or Youth Court (Re-hearing)

Answer 31

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.

Question 32

New Evidence or New Legal Argument

Answer 32

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.

Question 33

1.14 Summary

Answer 33

* Criminal law is designed to punish those who have committed offences against the public good. * The standard of proof in a criminal case is ‘beyond reasonable doubt’, and the burden is on the prosecution. * All criminal cases begin in the Magistrates’ Court. * Trial by jury takes place for more serious cases in the Crown Court involving ‘indictable only’ offences and some triable ‘either way’. * The Court of Appeal (Criminal Division) hears appeals against conviction and sentence from the Crown Court. * The decisions of the Court of Appeal (Criminal Division), for example on sentencing, are binding on the lower criminal courts. * The Criminal Cases Review Commission reviews alleged miscarriages of justice.

Question 34

2. The civil courts 2.1 What is ‘civil law’?

Answer 34

Civil law regulates the legal relationship between private parties – either individuals, or legal persons, such as companies.

Question 35

Causes of action

Answer 35

That legal relationship may arise from a contract (for example, an employment contract), or because a ‘duty of care’ exists between the parties (such as the duty of care between doctor and patient), or from many other ‘causes of action’.

Question 36

Private Law Capacity (Civil cases are not prosecuted)

Answer 36

The government does not ‘prosecute’ civil cases. However, it can be involved either as claimant or a defendant in a civil case, in its private law capacity. For example, a government department might enter into a contract with an IT company for the provision of IT services. If the company breaches that contract, the government department can start civil proceedings against the company.

Question 37

2.2 The parties and the outcome

Answer 37

The parties to a civil case are the claimant and the defendant. You will see that in older cases the claimant was referred to as the ‘plaintiff’. This term has not been used since the ‘Woolf reforms’ in civil procedure in the late 1990s. The court’s decision in a civil case is referred to as its ‘judgment’. The outcome for the successful party is usually damages (monetary compensation). However, the court may order a number of other remedies. These are covered in your separate materials.

Question 38

2.3 The standard and burden of proof

Answer 38

Proof: The standard of proof in civil proceedings is ‘on the balance of probabilities’. This is lower than the criminal standard, which is ‘beyond reasonable doubt’. The burden of proof is (with some exceptions) on the claimant.

Question 39

More than 50% likely

Answer 39

A simple way of explaining the balance of probabilities test is that the claimant must satisfy the court that they are ‘more likely than not’ or ‘more than 50% likely‘ to be right about what happened. If the claimant can only prove their case to 50% (ie equal probability), it will fail. If the claimant can prove their case to 51%, it will succeed.

Question 40

2.3.1 Examples of civil law cases

Answer 40

Examples of civil law cases include: * Personal injury cases, such as road traffic accidents, accidents at work, and slips, trips and falls * Clinical negligence and other forms of professional negligence (where the courts deem a duty of care to arise) * Breach of contract or promise, such as cases where money is unpaid, or a contract is not properly complied with * Employment law, for example where an employee suffers discrimination * Family disputes, such as divorce, dissolution of civil partnerships, children’s issues and childcare arrangementsExamples of civil law cases include: * Personal injury cases, such as road traffic accidents, accidents at work, and slips, trips and falls * Clinical negligence and other forms of professional negligence (where the courts deem a duty of care to arise) * Breach of contract or promise, such as cases where money is unpaid, or a contract is not properly complied with * Employment law, for example where an employee suffers discrimination * Family disputes, such as divorce, dissolution of civil partnerships, children’s issues and childcare arrangements

Question 41

2.4 Civil and criminal liability

Answer 41

It is possible for a defendant to be subject to both criminal and civil proceedings arising from the same incident. Imagine the defendant was driving dangerously and caused someone serious personal injury. The defendant could be prosecuted by the CPS for careless driving. It would also be possible for the victim to bring a civil claim against the driver for damages for personal injury.

Question 42

2.5 Where do civil cases begin?

Answer 42

Most civil claims begin in the County Court. Higher value claims (generally, above £100,000) begin in the High Court. There are county courts throughout England and Wales. There are three ‘tracks’ for cases in the County Court. Each case is allocated to a track, depending on its financial value and complexity. Small claims are those valued at less than £10,000 (or £1,000 for personal injury claims).

Question 43

2.6 Judges in the County Court

Answer 43

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 44

2.7 Appeals from the County Court

Answer 44

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.

Question 45

Appealed with permission (Point of Law of General Public Importance)

Answer 45

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

Question 46

2.8 Summary

Answer 46

* Civil law regulates the legal relationships between private individuals. * The parties to a civil law action are the Claimant and the Defendant. * The outcome(s) of civil proceedings is the award of a civil remedy, such as damages. * A claim for damages for breach of contract is an example of a civil claim. * Most civil claims begin in the County Court and are allocated to one of three tracks. * District and Circuit Judges hear cases in the County Court. * Appeal from the County Court lies to the High Court or the Court of Appeal (Civil Division).

Question 47

3. Statutory judicial bodies and tribunals 3.1 What are tribunals? (created by the Tribunals, Courts and Enforcement Act 2007)

Answer 47

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).

Question 48

3.2 First-tier Tribunal

Answer 48

There are seven first-tier tribunals, known as ‘chambers‘. * 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 49

3.3 Upper Tribunal

Answer 49

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.

Question 50

3.4 Senior President and judicial personnel The Senior President of Tribunals

Answer 50

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).

Question 51

A Tribunal or Chamber President

Answer 51

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.

Question 52

Tribunal judges

Answer 52

Tribunal judges are legally qualified and responsible for ensuring the individual tribunal hearings they chair make the correct decision in law.

Question 53

Tribunal members

Answer 53

Tribunal members are the specialist non-legally qualified, ‘lay’ members of the panel hearing the case. Not every panel includes non-legal members.

Question 54

3.5 Coroner’s Courts (Investigating Unknown Deaths)

Answer 54

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’.

Question 55

Role of Juries to investigate deaths in state custodies

Answer 55

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.

Question 56

Coroners Roles & Legal Qualifications

Answer 56

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 57

3.6 Public inquiries & Public Concern

Answer 57

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.

Question 58

Public Inquiry Topics

Answer 58

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.

Question 59

3.7 Inquiries Act 2005

Answer 59

If a public inquiry is held under this Act, the inquiry has: * Legal powers to compel witnesses to give evidence. * 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.

Question 60

3.8 Public inquiries - other areas

Answer 60

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 61

3.9 Summary

Answer 61

* The First-tier Tribunal is divided into seven chambers dealing with different areas of law. * The Upper Tribunal hears appeals from the First Tier Tribunal. * Tribunal judges are a mixture of legally qualified and specialist ‘lay’ members. * Coroners’ courts investigate deaths which may not be attributable to natural causes. * Statutory public inquiries under the Inquiries Act 2005 take place into issues of significant public interest and importance, for example the Grenfell fire in 2017. * Other public inquiries include planning inquiries into contentious developments in a local area.

Question 62

4 The senior courts 4.1 What are the ‘senior courts’?

Answer 62

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 63

4.2 The High Court

Answer 63

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 64

4.3 Judges in the High Court

Answer 64

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.

Question 65

Candidates for appointment to the High Court

Answer 65

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. 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.

Question 66

Proceedural Judges that are Masters

Answer 66

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 67

4.4 Regional locations

Answer 67

All the divisions of the High Court also have district registries or regional centres where High Court cases can be heard. 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.)

Question 68

Cases of Real Importance

Answer 68

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 69

4.5 King’s Bench Division

Answer 69

The King’s Bench Division is predominantly a civil court but also has some criminal jurisdiction (through the Administrative Court).

Question 70

Judges in the King's Bench Divison= Common Law

Answer 70

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.

Question 71

KBD tort cases include

Answer 71

* 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.

Question 72

KBD judges specialist matters

Answer 72

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 73

4.6 Administrative Court

Answer 73

The Administrative Court is part of the King’s Bench Division. It is responsible for the administrative law jurisdiction of England and Wales

Question 74

Varied work

Answer 74

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).

Question 75

Immigration and Asylum Chamber

Answer 75

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

Question 76

Divisional Court

Answer 76

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 77

4.7 The Chancery Division (Property Law Cases & Disputes)

Answer 77

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

Question 78

Chancellor of the High Court

Answer 78

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.

Question 79

What does the Chancery Division incorporate?

Answer 79

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 80

4.8 The ‘Business and Property Courts’

Answer 80

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.

Question 81

Business & Property Courts include

Answer 81

* 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 82

4.9 The Family Division

Answer 82

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.

Question 83

Appeals from the Family Court

Answer 83

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 84

4.10 Rights of audience

Answer 84

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

Question 85

Higher Rights of Audience

Answer 85

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 86

4.11 The Court of Appeal (Final Court in Majority Cases)

Answer 86

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.

Question 87

Court of Appeal Judges

Answer 87

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 88

4.12 Court of Appeal - Civil and Criminal Divisions Civil Division

Answer 88

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.

Question 89

Master of Rolls + 3 Judges

Answer 89

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.

Question 90

Criminal Division

Answer 90

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.

Question 91

Three Judges

Answer 91

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 92

4.13 The Supreme Court (Apex of the Legal System)

Answer 92

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.

Question 93

Role of the Constitutional Reform Act 2005

Answer 93

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.

Question 94

Supreme Court Judges + President

Answer 94

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.

Question 95

Permission to Appeal Supreme Court [only for general public importance]

Answer 95

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 96

4.14 Civil appeals

Answer 96

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.

Question 97

Leapfrog Appeal

Answer 97

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.