Outline Hierarchy of Courts and their Functions PDF

Preview

Summary

Download Outline Hierarchy of Courts and their Functions PDF

Description

Outline: Hierarchy of Courts and their Functions

1. The United Kingdom Supreme Court (UKSC) ● Established by Part 3 of CRA 2005. ● Final court of appeal ● Hears appeals on points of law of public importance from Court of Appeal (CA) but it may occasionally hear an appeal directly from the High Court (HC) [‘leapfrog’ procedure] ○ Leapfrog only possible when the following conditions are met: ■ When both parties agree;and ■ Some vital points which concern public;and ■ When there is a binding Supreme Court judgement ● Constitutional court ● Lady Hale is head of court[President],Lord Reed is deputy president ● Dual jurisdiction (Civil courts and Criminal Courts) ● Court of record

● Normally sit in panel of 5 judges (full court panel 11) ● Full court sits under three conditions : ○ Critical issues (post Brexit European Conventions) ■ R v Secretary of State for exiting EU 2017 ○ Higher public or constitutional importance ■ R v PM 2019 ○ Depart from its own binding precedence ● Precedence: ○ Vertical: ■ Binds all lower courts ○ Horizontal: ■ Strictly bound by its previous decisions ● Exception: Practice Statement (Judicial Precedent) [1966] 2. Court of Appeal ● Superior court ● Court of record ● Two divisions : Criminal & Civil ● Head of Criminal Division, Lord Chief Justice ● Head of Civil Division, Master of Rolls (MR) ● Civil Division hears appeals from: ○ County courts ○ Family courts ○ High courts ○ Tribunal (Upper Tribunal and Employment Appeal Tribunal) ● Criminal Division hears appeals from; ○ Crown court ● Precedence: ○ Vertical: ■ Bound by SC only and binds all its inferior courts ○ Horizontal: ■ Strictly bound by its own precedents ● Exception: Young v Bristol Aeroplane Company Ltd: ○ Per incuriam; Decision given ‘in ignorance’ or ‘without sufficient care’ ○ Conflicting decision: in the case where two decision are conflicting then the CA will chose which decision to apply and the other will consequently will be impliedly overruled. ■ An example of the use of this rule is

National Westminster Bank v Powney [1990] 2 All ER 416 where the Court was faced with two irreconcilable decisions both decided in 1948: Lamb v Rider and Lough v Donovan. The Court in Powney followed Lamb v Rider. See also Tiverton Estates Ltd v Wearwell Ltd [1974] 1 All ER 209, where the Court of Appeal refused to follow Law v Jones [1973] 2 All ER 437. ○ Conflict with subsequent HL/UKSC decision: where a previous decision of the Court of Appeal conflicts with a later decision by the House of Lords/ UKSC, the Court of Appeal must follow the decision of the House of Lords/UKSC whether or ○ not it approves of that decision. This is sometimes referred to as the doctrine of ‘implied overruling’.

3. High Court ● Court of first assistance and appellate court ● Court of record ● Superior court ● Dual jurisdiction (Criminal & Civil) ● Only Puisne Judges sit here ● There is a Writ system (factual and legal issues filed in court) ● Three divisions: ○ Queen’s Bench Division (QBD) ■ 70 Puisne Judges ■ Deals with matter of civil, property and tort ■ Head, Lord Chief Justice ○ Chancery Division (ChD) ■ 16 Puisne Judges ■ Dealing with equitable issues; bankruptcy, ownership of land, trusts and wills ■ Head, Chancellor of High Court ○ Family Division (Fam) ■ 16 Puisne Judges ■ Deals with, matrimonial matters, custody, other matters concerning children

■ Head, President ● Precedence ○ High Court: ■ Vertical: ● Bound by UKSC/HL, CA and Divisional Courts. ● Binds all inferior courts and tribunals ■ Horizontal: ● not bound by its own previous decisions, although they are regarded as highly persuasive. ○ Divisional Courts of the High Court: ■ Vertical: ● Bound by UKSC/HL, CA ● Binds all inferior courts ■ Horizontal: ● Normally bound by their own decisions subject to the exception on Young v Bristol Aeroplane. ● When the courts are not exercising appellate powers they are in the same position as the High Court. 4. Crown Court ● Appellate and first instance jurisdiction, Mostly Criminal ● Jury trial for all indictable and some either-way criminal offences ● Appeals against conviction and sentences from Magistrate’s court ● Any judge from High court can sit and also heard by circuit judges 5. Magistrate Court ● Inferior court ● Court of no record ● Dual Jurisdiction (Criminal and Civil) ● Judges are lay magistrates or Justices of Peace (JP) ● Sit in benches of 3 assisted by legally qualified justice’s clerk ● 330 magistrate courts ● 16000 magistrates in England and Wales ● 140 district judges ● 170 deputy judges ● Try minor offences (summary offences) ● Conduct preliminary hearings for indictable offences before case is sent to Crown Court ● Maximum sentence they can give, Six month and give immunity orders, probation orders, fines ● All criminal cases begin in Magistrates court and 90% end there. 6. County Court ● Inferior court

● ● ● ●

Court of no record Civil Cases Circuit Judges, recorders and district judges sit in court General rule, lower value/or less complex cases are heard by the county court and higher value and/or more complex cases are heard by the High Court 7. Family Court ● Deals with family cases previously dealt with in the High Court ● Complex cases still referred to the High Court Family Division ● Child related issues are given secrecy and kept private

8. Tribunals ● Deal with disputes between the citizen and the state ● Relatively restricted jurisdiction ● Post Tribunal, Courts and ENforcement Act 2007 divided into two; Upper Tribunal and First Tier Tribunals ● Further divided into chambers ● First Tier Tribunals: ○ Appeals from executive agency decisions ● Upper Tribunals: ○ Appeals from First-tier Tribunals ● Employment Tribunal (England and Wales; Scotland): ○ Claims about matter to do with employment ● Employment Appeal Tribunal: ○ Appeals form the Employment Tribunals

9. The Judicial Committee of the Privy Council (JCPC) ● Highest court of appeal for a number of Commonwealth countries ● UK Court, but applies the substantive law of the country or territory from which the appeal comes ● Judges are justices of Supreme Court together with judges from the constituent jurisdiction The Court of Justice of European Union (CJEU) ● Sits in Luxembourg ● 28 judges ● each signatory state has a judge

● Appointed for 6 years which are renewable for extend their tenure ● CJEU normally sits in chamber of 3 or 5 judges, but may sit in a grand chamber of 13 judges ● Court of reference not court of appellate ● Hear case on compensation or damages ● Primary role to interpret and apply EU Law ● Hear dispute between: ○ EU and National Government ○ Member state and its citizen ○ Legality of EU institutions itself ● Can invalidate national law if it conflicts with EU Law ● All CJEU precedents are binding on signatory states

European Court of Human Rights (ECtHR) * Does not sit within the hierarchy of English Courts, Decision are highly influential in the matter of human rights issues and UKSC generally follows it. Eg: Chester 2013

● ● ● ●

Sits on Strasbourg 40 Judges Six Year appointment, not renewable Operates in two stages

● ● ● ●

○ First: Panel of 3 judges decide if the case is admissible ○ Second: Chamber of 7 judges hear the case if allowed Grand Chamber of 17 judges sit if the matter is serious or about the interpretation the convention Hears Cases which are in breach of ECHR Responsible for ensuring uniform application of convention on all signatory states ECtHR proceedings are public, in very limited cases privacy is maintained...