Judiciary - Role of Civil Judges

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11 Terms

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Judiaciary Summary - Supreme Court

  • Judge = Justices of the Supreme Court (12)

  • Role - Hear appeals on points of law of public importance

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Judiaciary Summary - Court of Appeal

Judge - Lord Justices of Appeal

Role - Hear appeals on liability and or amount awarded / remedy

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Judiaciary Summary - High Court

Judge - High Court Judges

Roles:

  • Hear large value - Multi track clams to decide liability and remedy.

  • Hear appeals on liability and or amount awarded / remedy from Circuit / County Court

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Judiaciary Summary - County Court

Judge - Circuit Judges, Recorders (part time judges) and District Judges (small claims)

Roles:

  • Hear civil cases

  • Decide liability and remedies

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Judiaciary Summary - Magistrates Court

Judge - District Judges

Role - Very limited civil role, only family and licensing appeals

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Judiaciary Summary - Tribunals

Judges - Tribunal Judges

Role - Hear specific civil rights issues such as employment / landlord disputes.

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Roles of a Civil Judge

The main role of a judge is to interpret and apply the law.

Roles are broken down into:

  • Pretrial

  • Trial

  • Appeals

  • Other roles

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Roles of a Civil Judge - Pretrial

  • Direct the parties to disclose their case

  • To facilitate settlement

  • Enable the parties to prepare for trial efficiently and cost effectively

  • Allocate cases to approprate track (small, fast & multi).

  • Decide on time limits for compliance between the C and D and impose penalties if appropratie, when parties do not adhere to them

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Roles of a Civil Judge - Trial

  • Decide on the facts of the case and on matters of law

  • Judge sits alone, without a jury and decided both matters of law, facts and determines liability on balance of probabilites.

  • The judge will decide what remedy the successful party is entitled to if D is found liable

  • Assess compensation to be paid by the unsuccessful party.

  • The judge will also determine how much the unsuccessful party should pay for the successful party’s cost

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Roles of a Civil Judge - Appeals

  • Initial role of granting or denying leave (permission) for appeal

  • Consider legal arguments challenging the decisions of inferior judges, mainly on a point of law or on the remedy originally awarded.

  • Have the power to allow appeal and reverse the lower court decision or to dismiss appeal and uphold original decision.

  • Will deliver judgements with their reasons set out.

  • These decisions are reported and will become binding precedents.

  • Generally sit in a panel (3 in CA)

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Roles of a Civil Judge - Other Roles

  • May head inquiries - Retired Sir Martin Moore-Bick headed the Grenfell inquiry