Chapter 7: Civil Court Hierarchy, Appeal System and Jurisdiction

Comprehensive practice flashcards covering the hierarchy of civil courts, County Court allocation tracks, civil appeal rules, High Court divisions, rights of audience, tribunals, the Supreme Court, and the JCPC.

What three elements define court jurisdiction according to Chapter 7?

Geography, subject matter, and financial value.

What is the hierarchy of the civil courts from highest to lowest?

Supreme Court, then Court of Appeal (Civil and Criminal Divisions), then High Court (KBD, Chancery, Family), then County Court and Family Court.

Under Practice Direction 7A (PD 7A), what are the financial value limits for starting claims in the County Court?

Claims of £100,000 or less start in the County Court, and personal injury claims start at £50,000 or less.

What are the four case management tracks in the County Court and their respective financial limits?

Small claims: up to £10,000; Fast: £10,000-25,000; Intermediate: £25,000-100,000; Multi: over £100,000.

What is the sequence of procedure in the County Court?

Pre-action letter, claim form, defence, allocation, directions, hearing, judgment (loser pays), and enforcement.

What are the standard appeal routes between judges and courts in the civil system?

District judge to Circuit judge; Circuit judge to High Court; High Court to Court of Appeal (Civil); Court of Appeal to Supreme Court.

What are the standard time limit and criteria for obtaining permission to appeal under CPR 52?

Permission is needed, usually within 21 days, requiring a real prospect of success or a compelling reason.

What grounds must be established under CPR 52.21 for an appeal to succeed?

The decision must be wrong or unjust through serious procedural irregularity.

What is the rule regarding new evidence in civil appeals?

No new evidence is permitted.

What is a leapfrog appeal and when can it be used?

An appeal that goes direct to the Supreme Court on a point of law of public importance.

What types of work and specialist courts fall under the King's Bench Division (KBD)?

Contract, tort, and personal injury (PI). Specialist courts include Commercial, Admiralty, Administrative (judicial review, habeas corpus, case stated), and TCC.

What work and specialist courts fall under the Chancery Division?

Equity: wills, trusts, IP, insolvency, Patents Court, and IPEC (with IPEC handling lower value claims under £500,000).

What umbrella structure covers certain work from both the KBD and Chancery Division?

The Business and Property Courts umbrella.

Under the Legal Services Act 2007, who is permitted rights of audience?

Rights of audience is a reserved legal activity requiring a person to be authorised (solicitor, barrister) or exempt (litigant in person, or court permission granted case by case).

Which cases show that courts discourage unqualified third-party advocates?

D v S and R v Conaghan.

What requirement exists for solicitors appearing in the Crown Court, and what is the exception?

Solicitors need higher rights of audience for the Crown Court, with a limited exception on appeals from the magistrates' court.

What is the structural hierarchy of tribunals and the time limit to appeal to the Court of Appeal?

First-tier (social entitlement, tax, immigration, property, employment, and others) to Upper Tribunal, then to Court of Appeal within 28 days.

How is a tribunal constituted, and which case established that privilege is protected in tribunals?

A tribunal consists of a legally qualified chair plus lay members. Privilege is protected under Curless v Shell.

How many justices sit in the Supreme Court and what determines if more sit?

Usually 5 justices sit (ranging from 3 to 9). More sit for departing from precedent, constitutional issues, and similar matters.

What are the requirements to obtain permission to appeal to the Supreme Court?

Permission must be sought within 28 days and requires an arguable point of law of general public importance.

What is the role of the Judicial Committee of the Privy Council (JCPC) and what is the legal weight of its decisions?

The JCPC hears matters from the Commonwealth, overseas territories, and Crown dependencies, giving advice to the monarch. Its decisions are persuasive, not binding.