Judiciary - Role of Civil Judges

Judiaciary Summary - Supreme Court

• Judge = Justices of the Supreme Court (12)

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

Judiaciary Summary - Court of Appeal

Judge - Lord Justices of Appeal

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

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

Judiaciary Summary - County Court

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

Roles:

• Hear civil cases

• Decide liability and remedies

Judiaciary Summary - Magistrates Court

Judge - District Judges

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

Judiaciary Summary - Tribunals

Judges - Tribunal Judges

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

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

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

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

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)

Roles of a Civil Judge - Other Roles

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