Presentation on theme: "AS LAW: ENGLISH LEGAL SYSTEM CIVIL COURTS - APPEALS."— Presentation transcript:
AS LAW: ENGLISH LEGAL SYSTEM CIVIL COURTS - APPEALS
Civil Appeals Appellate Courts are courts which hear appeals. The main appellate courts in the civil justice system are the Divisional Courts (High Court), Court of Appeal (Civil Division) and the House of Lords.
The Divisional Courts Each division of the High Court has a Divisional Court which has the jurisdiction (power) to hear appeals from inferior courts and tribunals. Usually two or three judges sit to hear an appeal. Queens Bench Divisional Court The appeals this court hears are; Case Stated Appeals from the Magistrates' Court It hears cases for Judicial Review Chancery Divisional Court This deals with appeals from decisions made by Tax Commissioners and appeals from decisions of the County Court in bankruptcy cases. Family Divisional Court Hears appeals from the decisions of the Magistrates' Court regarding family matters and orders affecting children.
The Court of Appeal (Civil Division) Hears appeals from the following courts; All three divisions of the High Court The County Court for multi-track cases Various tribunals Permission to appeal to the Court of Appeal Permission to appeal is required in the majority of cases, known as leave to appeal. It can be granted by the lower court who heard the original case or by the Court of Appeal.
House of Lords This is the final court of appeal in the English legal system. It hears appeals from the Court of Appeal and the Divisional Courts. It also occasionally hears appeals direct from the High Court under what is called the 'leapfrog' procedure. Appeals are usually heard by a panel of five Lords of Appeal in Ordinary (Law Lords). Permission to appeal to the House of Lords If an appeal is from the Court of Appeal or the Divisional Courts it is necessary to gain permission to appeal to the House of Lords. This permission can be given by the lower court who heard the case or the House of Lords itself. Where an appeal to the House of Lords is made under the leapfrog procedure not only must the Lords give leave to appeal but the trial judge must also grant a certificate of satisfaction. This will be granted only if the case involves a point of law of general public importance which either involves the interpretation of a statute or is a point of law where the trial judge is bound by a previous decision of the Court of Appeal or the House of Lords. There are only about two or three appeals via the leapfrog procedure each year.