Professional Conduct: Legal System in England and Wales

Question 1

What are the main levels of criminal courts in England and Wales?

Answer 1

Magistrates’ Court, Crown Court, High Court (Queen’s Bench Division for certain appeals), Court of Appeal (Criminal Division), and Supreme Court

Question 2

What is the tribunal of fact and tribunal of law in the Magistrates’ Court?

Answer 2

Tribunal of fact: District Judge or lay magistrates; Tribunal of law: District Judge or lay magistrates

Question 3

What types of offences are tried in the Magistrates’ Court?

Answer 3

All summary-only offences and either-way offences where the magistrates accept jurisdiction and the defendant consents

Question 4

What sentencing powers does the Magistrates’ Court have?

Answer 4

Up to six months’ imprisonment per offence (twelve months total consecutively for two or more either-way offences) and unlimited fines (subject to statutory maxima)

Question 5

What is the composition of the Crown Court when hearing a trial?

Answer 5

A judge (Circuit Judge, High Court Judge, or Recorder) with a jury of 12 members of the public as the tribunal of fact; the judge is the tribunal of law

Question 6

What offences are heard in the Crown Court?

Answer 6

All indictable-only offences and either-way offences not dealt with in the Magistrates’ Court or where the defendant elects trial by jury

Question 7

What sentencing powers does the Crown Court have?

Answer 7

Life imprisonment (or lesser maximum as prescribed) and unlimited fines (subject to statutory maxima) and power to hear committals for sentence from the Magistrates’ Court

Question 8

What appellate functions does the Crown Court perform?

Answer 8

Hears appeals on conviction and sentence from the Magistrates’ Court and Youth Court, rehearing cases with a judge and two lay magistrates

Question 9

What limited criminal functions does the High Court have?

Answer 9

Hears ‘case stated’ appeals and judicial review of decisions from lower courts (Magistrates’ and Crown Courts) on points of law

Question 10

What types of appeals does the Court of Appeal (Criminal Division) hear?

Answer 10

Appeals against conviction, sentence, and certain rulings by the Crown Court or Divisional Courts, and applications for opinions by the Attorney General on points of law

Question 11

What are the requirements to appeal to the Supreme Court in criminal cases?

Answer 11

Permission is required, granted only on a point of law of general public importance

Question 12

What are the two tests for obtaining a representation order for public funding in criminal proceedings?

Answer 12

Means test (assessing income and capital thresholds) and merits test (‘interests of justice’ test using ten specified propositions)

Question 13

When does a defendant automatically pass the merits test for a representation order?

Answer 13

If charged with an indictable-only offence or if an either-way offence is sent to the Crown Court

Question 14

Name three of the ten propositions used in the merits test (interests of justice).

Answer 14

Likely to lose liberty; substantial question of law involved; inability to understand court proceedings or present own case

Question 15

What is the purpose of After-the-Event (ATE) insurance in civil litigation?

Answer 15

To cover the client’s own disbursements and opponent’s costs in the event of losing the case, often used alongside CFAs or DBAs

Question 16

What is a Conditional Fee Agreement (CFA)?

Answer 16

A ‘no win no fee’ arrangement: if successful, the solicitor receives the basic fee plus a success fee (uplift), capped by statute; if unsuccessful, no solicitor’s fees are due

Question 17

What is a Damages-Based Agreement (DBA)?

Answer 17

A ‘no win no fee’ arrangement where the solicitor’s fee is a percentage of damages recovered (subject to statutory caps: 25% for PI, 35% for employment, 50% for others)

Question 18

What is Community Legal Service (CLS) funding?

Answer 18

Public funding for civil legal work, available only for specific categories of cases (e.g., family, housing, domestic violence) and means- and merits-tested

Question 19

List four common types of civil funding mechanisms.

Answer 19

Private funding, professional funding (e.g., trade union), Before-the-Event (BTE) insurance, Conditional Fee Agreements (CFAs), Damages-Based Agreements (DBAs), After-the-Event (ATE) insurance, third-party funding

Question 20

What are the two categories of legislation in the UK?

Answer 20

Primary legislation (Acts of Parliament) and secondary (subordinate) legislation (Statutory Instruments) made under powers granted by Acts

Question 21

Describe the stages a Public Bill goes through before becoming an Act of Parliament.

Answer 21

First reading (formal title), Second reading (principle debate), Committee stage (detailed scrutiny/amendments), Report stage (further debate/amendments), Third reading (final debate/vote), passage through the other House, and Royal Assent

Question 22

What does ‘commencement’ mean in the context of Acts of Parliament?

Answer 22

The date on which an Act (or specific sections of it) comes into force, as specified by a commencement provision or order

Question 23

What is the difference between Public Acts and Private Acts of Parliament?

Answer 23

Public Acts apply to matters of general public concern and impact everyone; Private Acts affect specific individuals or organizations (e.g., local authorities, private companies)

Question 24

Define the literal rule of statutory interpretation.

Answer 24

Give words in a statute their ordinary, plain, and natural meaning, and apply them as written, unless doing so produces inconsistency or absurdity

Question 25

What is the golden rule of statutory interpretation?

Answer 25

Start with the literal meaning but depart to avoid absurd or inconsistent results by choosing an alternative meaning that the words can bear without distorting purpose

Question 26

What is the mischief rule (historical) of statutory interpretation?

Answer 26

Identify the common law before the Act, determine the ‘mischief’ or defect the Act intended to remedy, and interpret provisions to suppress the mischief and advance the remedy

Question 27

What is the purposive rule of statutory interpretation?

Answer 27

Interpret statutory language in light of Parliament’s intended purpose, giving effect to the underlying aim even if the literal words might suggest otherwise

Question 28

Give one linguistic presumption used in statutory interpretation.

Answer 28

Expressio unius est exclusio alterius (the express mention of one thing excludes others); Ejusdem generis (general words following specific words are limited to items of the same kind); Noscitur a sociis (a word is known by its context/companions)

Question 29

In the civil court system, what criteria determine whether a claim goes to the County Court or High Court?

Answer 29

Value thresholds (£50,000 for PI, £100,000 for other civil claims), complexity of facts or legal issues, or public importance justify starting in the High Court; otherwise, it goes to the County Court

Question 30

What types of cases does the High Court’s Queen’s Bench Division handle?

Answer 30

General QBD list (PI, negligence, contract, debt), Administrative Court (judicial review), Planning Court (planning law), Commercial Court, Admiralty Court, Competition List, Technology & Construction Court

Question 31

What types of cases does the High Court’s Chancery Division handle?

Answer 31

Insolvency and Companies List, Business List (directors’ duties, pensions), Property, Trusts & Probate List, Revenue List (tax disputes), Intellectual Property List, Financial List

Question 32

Describe the hierarchy of judges in the civil court system.

Answer 32

County Court: District Judges and Circuit Judges; High Court: High Court Judges and Masters; Court of Appeal: Lords Justices of Appeal; Supreme Court: Justices of the Supreme Court

Question 33

What rights of audience do solicitors have in civil courts?

Answer 33

Solicitors can advocate in Magistrates’ Court, County Court, Tribunals, and Appeal Tribunals; Higher Rights of Audience (after training) are required for advocacy in High Court, Court of Appeal, and Supreme Court

Question 34

What is the doctrine of binding precedent (stare decisis)?

Answer 34

Lower courts must follow decisions of higher courts on similar facts; certain courts (e.g., Supreme Court) are bound by their previous decisions except when overruling is appropriate

Question 35

Which courts are bound by their own prior decisions and what exceptions apply?

Answer 35

Supreme Court is not strictly bound by past decisions (Practice Statement); Court of Appeal is normally bound by its own decisions except: (1) conflicting prior decisions, (2) conflict with Supreme Court, (3) decision given per incuriam; Court of Appeal (Criminal Division) adds the ‘interests of justice’ exception

Question 36

Which courts are bound by decisions of the Supreme Court and Court of Appeal?

Answer 36

High Court, Crown Court, County Court, and Magistrates’ Court must follow Supreme Court and Court of Appeal decisions