Lecture 2.4 - English Court System

What are the two main classifications of courts in England and Wales?

1. Superior vs Inferior Courts (higher vs lower status)

2. Original vs Appellate Jurisdiction (hear cases first vs hear appeals)

What are Tribunals?

Administrative law bodies that hear specialised disputes (e.g., immigration, tax, social entitlement).

What is the role of the Magistrates Court in criminal cases?

First stop for all criminal cases:

• Handles summary offences and some either-way offences

• Conducts bail and initial hearings for serious crimes

• Heard by 3 Justices of the Peace or 1 District Judge

What is the Crown Court responsible for?

Indictable-only offences (murder, robbery, arson)

• Either-way offences sent from the Magistrates Court

• Appeals from the Magistrates Court (new hearing, no jury)

What is the Court of Appeal (Criminal Division)?

Hears appeals from Crown Court

• 3-judge panel

• Can refuse permission to appeal (except Criminal Cases Review Commission cases)

What is the role of the UK Supreme Court?

Final appellate court for England and Wales

• Hears matters of public importance

• Must obtain permission to appeal

• Panels of 3-11 justices (usually 5)

What is the structure of the civil tribunals?

First-tier Tribunal: Handles seven areas (immigration, tax, social entitlement, etc)

• Upper tribunal: Can set precedent, has judicial review powers

What cases are heard by the Country Court?

Lower-level civil cases

• Torts, contracts, land, bankruptcy, probate

• No jury

• Appeals usually to High Court

What are the three divisions of the High Court?

1. Kings Bench Division: Tort > £50k, contract/commercial > £100k, some criminal matters

2. Family Division: Complex family law cases

3. Chancery Division: Equity, trusts, wills, company law, patents

What is the role of the Court of Appeal (Civil Division)?

Hears appeals on law only

• Must get permission (leave to appeal)

• Decisions are binding on lower courts

Key things to know for exams about English Courts?

Level of courts (general hierarchy)

• Types of cases ach level hears

• Role of jurisdiction in determining where a case is filed