Legal System of England and Wales

Question 1

Draw out a summary of when claims will be started in the High Court versus County Court

Answer 1

Check

Question 2

What are all of the tracks in the civil court system?

Answer 2

Small claims: up to £10k
Fast track: up to £25k
Intermediate track: up to £100k
Multi track: over £100k

Question 3

Which courts always have fixed costs?

Answer 3

Small claims
Fast track

Question 4

Name the three divisions of the High Court

Answer 4

Chancery Division
KBD
Family Division

Question 5

Name the courts in the KBD?

Answer 5

Commercial Court
Circuit Commercial Courts
Technology and Construction Court
Admiralty Court
Administrative Court
Planning Court

Question 6

Name the courts in the Chancery Division?

Answer 6

Business List
Revenue List
Insolvency and Companies List
Property, Trusts and Probate List
Competition List
IP List

Question 7

Which courts are the ‘Financial List’ courts?

Answer 7

Circuit Commercial Court
Insolvency and Companies lIst
Revenue
Competition
Admiralty
Tech and Construction

Question 8

When will a dispute be heard in a financial list court?

Answer 8

Dispute of over £50 million or more in value, requiring particular judicial knowledge of financial markets

Question 9

Who might be the judge in the Magistrates’ Court?

Answer 9

2 or 3 lay magistrates (Sir / Madam)
District Judge (Judge)
Deputy District Judge (Judge)

Question 10

Who is the tribunal of fact versus tribunal of law in the MC?

Answer 10

Both are District Judge / lay magistrates

Question 11

What sentencing powers does the MC have?

Answer 11

6 months for a summary only offence
12 months for an either way offence

Commit defendant for sentence to CC

Question 12

Who might be the Judge in the Crown Court?

Answer 12

Circuit Judge (Your Honour)
High Court Judge (My Lord / Lady)
Recorder (Your Honour)

Question 13

Who is the tribunal of fact versus law in the CC?

Answer 13

Fact: jury
Law: judge

Question 14

Is leave always needed for an appeal to the Court of Appeal?

Answer 14

Yes

Question 15

Who sits on the Court of Appeal?

Answer 15

Judges of the Court of Appeal
High Court Judges
Crown Court judges

Question 16

Is there a jury in the Court of Appeal?

Answer 16

No

Question 17

When are appeals to the Supreme Court allowed?

Answer 17

Only on points of general public importance

Question 18

Does a CC judgment bind the MC?

Answer 18

No

Question 19

Does the First Tier tribunal bind the MC?

Answer 19

No, but can be persuasive

Question 20

Who does the Upper Tribunal bind?

Answer 20

First Tier Tribunal, inferior courts, and itself

Question 21

Who does the High Court bind?

Answer 21

All inferior courts, itself unless decision taken by a single judge

Question 22

Who does the Court of Appeal bind?

Answer 22

All inferior courts and itself

Question 23

Who does the Supreme Court bind?

Answer 23

All inferior courts - but not always itself

Question 24

What must the Supreme Court consider when it might depart from its own precedent?

Answer 24

Contracts
Settlements of property
Fiscal arrangements
Criminal law
Detriment to public administration

Question 25

Who does the Privy Council bind?

Answer 25

unless directed expressly, not binding, only persuasive because of status of judges

Question 26

Describe the legislative process of a bill

Answer 26

First reading - formality Second reading - main principles of a Bill are debated Committee stage - detail of the bill is scrutinised by a legislative committee Report stage - proposed amendments are debated and there is a vote the committee's report Third reading - final debate and vote on the Bill Goes to other House if passed

Question 27

What kind of bills MUST start in the Commons?

Answer 27

Bills about public finances

Question 28

What is Royal Assent?

Answer 28

A conventional formality which dictates when a bill becomes an Act of Parliament

Question 29

How does an Act often begin?

Answer 29

With a commencement SI where the relevant SoS can bring this into force

Question 30

What is the literal rule?

Answer 30

Words used in a statute are given their ordinary, plain and natural meaning

Question 31

What is the golden rule?

Answer 31

Give words in a statute their ordinary meaning unless it "produces an inconsistency, absurdity or inconvenience so great"

Question 32

Why is the mischief rule now defunct?

Answer 32

Has been subsumed into the purposive approach

Question 33

What is the purposive approach?

Answer 33

* Judges will look at a) strict and superficial meaning of words used and b) the underlying purpose of the legislation as a single / subliminal mental process * Unified and contextual approach which involves a progressive analysis

Question 34

What does Expression unius est exclusion alterius mean?

Answer 34

the inclusion of one thing excludes its extension to others - a list of items with no general words to follow is a closed list

Question 35

What does Ejusdem generis mean?

Answer 35

of the same kind; where general words follow a list of specific words, general words are interpreted so as to restrict them to the same kind of objects

Question 36

What does Noscitur a Sociis mean?

Answer 36

A word is known by the company it keeps