1. The Civil Courts and other forms of Dispute Resolution
Outline of civil courts and appeal system

2. Objectives
Draw a diagram of the civil court structure showing appeal route
State the jurisdiction of each court
Describe the appeal process

3. 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

4. Outline of courts and appeal
Supreme Court
Court of Appeal (Civil Division)
High Court
Family Division
Queen’s Bench Division
Chancery Division
County Court
(including the Small Claims Court)

5. 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

6. 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

7. 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

8. 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

9. 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 - £ £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

10. High Court Three divisions These are then sub-divided:
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

11. 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)

12. High Court – Family Division
All aspects of family matters
Divorce, related children
Financial clams
Adoption
Care proceedings

13. 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

14. 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

15. High Court as an Appeal Court
High Court both a Court of First Instance and an appellate court

16. 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

17. High Court – Family Divisional Court
Hears appeals of decisions made from Magistrates and County Courts in respect of family matters

18. High Court – Chancery Divisional Court
Hears appeals of decisions made in bankruptcy and insolvency cases originally decided in County Court

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. Objectives
Draw a diagram of the civil court structure showing appeal route
State the jurisdiction of each court
Describe the appeal process