outline of courts & appeal civil courts and adr the civil courts and other forms of dispute...

Outline of Courts & AppealCivil Courts and ADR

The Civil Courts and other forms of Dispute

Resolution

Outline of civil courts and appeal system

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http://www.thelawbank.co.uk/


Objectives• Draw a diagram of the civil court structure

showing appeal route

• State the jurisdiction of each court

• Describe the appeal process

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Key Terms• Claimant• Defendant • Jurisdiction• Royal Courts of Justice• Equity• Access to Justice Act 1999• Case stated • Leave to Appeal• Justices of the Supreme Court • Delegated legislation• Precedent• Parties

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Outline of courts and appeal

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Supreme Court

Court of Appeal (Civil Division)

High Court

County Court(including the Small Claims Court)

Family Division Queen’s Bench Division Chancery Division



Courts of first instance• Civil disputes between individuals, partnerships,

companies and or local or national government departments

• May disagree on a number of areas (family, tort, contract etc)

• Dispute between claimant and defendant• Claimant issues proceedings and claim sent to

defendant for response

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Courts of first instance• Two main civil courts

– County Court and High Court

• Magistrates mainly a criminal court but does have some civil jurisdiction

• These courts are known as ‘Courts of First Instance’

• Cases may be commenced and decided there• If a party disputes the decision of the court - may

ask a higher court to reconsider - known as appeal

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Courts of first instance• 216 County Courts in England and Wales

– Hear lower level civil disputes

• Trials in High Court may be in London or one of 26 High Court District Registers in England and Wales– Hears higher level civil cases– Does have jurisdiction to hear all types of civil dispute

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Magistrates’ Court• Jurisdiction over most family matters• But not divorce• Recovery of unpaid council tax• Charges for water, gas, and electricity• Hears appeals from local authority about

granting of licences for gambling and sale of alcohol

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County Court• Deals with many types of civil disputes• Including contract, tort, and divorce• Civil cases divided into three types:

– Small claims up to £5000 – District Judges– Fast track - £5000 - £25000 – Circuit Judge– Multi-track over £25000 – Circuit Judge or transferred

to High Court

• Plans to increase the amounts of claims heard by Small Claims Court and County Courts

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High Court• Three divisions

– Queen’s Bench Division– Family Division– Chancery Division

• These are then sub-divided:– Courts where civil claims may be issued– Court where appeals from lower courts will be heard

• 120 High Court Judges

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High Court – Queen’s Bench Division

• Main court• Deals mainly with contract and tort cases• 74 High Court Judges sitting in this court• Often heard in the Royal Courts of Justice in The

Strand, London• May be heard in one of High Courts District

Registries• Multi track cases may be heard here (due to

money, complexity or certain type of case)

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High Court – Family Division

• All aspects of family matters• Divorce, related children• Financial clams• Adoption• Care proceedings

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High Court – Chancery Division

• Historically cases in which rule of equity could be used• Modern version deals with

– Partnership disputes– Company law– Wills or trusts– Bankruptcy sale of land– Creation of mortgages

• 17 Judges sit in Chancery Division• Heard at Royal Courts of Justices or at one of the

eight Chancery centres around the country

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Appeal Hearings• When one party unhappy with decision and

requests a higher court to review the earlier decision

• Access to Justice Act 1999– Majority of appeals only allowed if either original court

or the appeal court has given authorisation– Permission only granted if it involves a matter of

importance or appeal has good chance of success

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High Court as an Appeal Court

• High Court both a Court of First Instance and an appellate court

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High Court – Queen’s Bench Division

• Judicial review – may review decisions made by local authorities and national government departments and tribunals

• Judicial review is about rules of fairness in decision making process

• Appeals on point of law by way of case stated from Magistrates or Crown Court– These will be criminal cases

• Unlawful detention may apply for writ of habeas corpus

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High Court – Family Divisional Court

• Hears appeals of decisions made from Magistrates and County Courts in respect of family matters

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High Court – Chancery Divisional Court

• Hears appeals of decisions made in bankruptcy and insolvency cases originally decided in County Court

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The Court of Appeal• 37 Judges (Lords Justice of Appeal) sit in CA• Most senior is the Master of the Rolls• CA has a Civil Division which specialises in civil

cases• Hears appeals from

– County Court (District or Circuit Judge)– High Court in its capacity as a court of first instance– High Court in its position as an appellate court– The Employment Appeal Tribunal

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The Court of Appeal• Appeals generally heard by 3 – 5 judges• May be heard by 2 judges if parties agree• In most cases a leave to appeal is required• Not a rehearing but a review of the case• Barristers in Court of Appeal hearings must provide

advance copies of written and concise arguments to court and opposing barristers

• These are called ‘skeleton arguments’• Court will look at lower court judges decision to see if

the law has been interpreted properly

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The Supreme Court• Constitutional Reform Act 2005 created the

Supreme Court to replace House of Lords• Change took place in 2009• Supreme Court now has no connection with

Parliament• Has its own building, staff and budget• Final court of appeal in civil law for England• 12 judges called Justices of the Supreme Court

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The Supreme Court• Hears about 200 cases per year• Majority are Civil and are matters of general

public importance• Most cases heard by 3 – 5 judges• Leave to appeal must be obtained from original

court or Supreme Court itself• Majority of appeals are from Civil Division of

Court of Appeal

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The Supreme Court• There is a ‘leap-frog’ procedure provided by

Administration of Justice Act 1969• If High Court Judge certifies a case suitable for

Supreme Court and Supreme Court agrees case will go straight from High to Supreme Court

• Case must be one on a point of law– And one of public importance with regard to the statutory

interpretation of an Act of Parliament or delegated legislation

– And one when the trial judge is bound by precedent of the Court of Appeal or Supreme Court

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The Supreme Court• Court of Appeal has a civil and criminal division• Hears more cases than the Supreme Court• Court of Appeal hears 2000 cases per year (ten

times more)• Decisions in Court of Appeal are more likely

therefore to have an impact on public• Generally Supreme Court restricted in the cases

it decides – normally important legal issues

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Objectives• Draw a diagram of the civil court structure

showing appeal route

• State the jurisdiction of each court

• Describe the appeal process

25


outline of courts & appeal civil courts and adr the civil courts and other forms of dispute...

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