role of judges in civil courts

general role

resolve disputes in a fair, unbiased way, applying the law to each case before them

first instance

sit on their own to deal with all aspects of a case

pre-trial matters

responsible for pre-trial matters such as case management, setting timetables to make sure that parties in case are ready for trial, at set date

at trial

hear evidence from witnesses, listen to legal arguments, look at any relevant case papers, decide facts - how law applies - make decision as to who is liable, in contract/tort - decide amount of damages payable or other remedy e.g. specific performance of a contract - decide who should bear legal costs of a case

appeals - do not hear evidence from witnesses

hear arguments on legal points in case, decide if decision made at trial should stand or appeal allowed

Court of Appeal (civil division)

appeal may be heard against the finding of liability or about the remedy awarded - court can either allow or dismiss the appeal or vary amount of damages

appeals - supreme court

case can only be appealed to supreme court if there is an important point of law involved or issue of general public importance, important point of law involved or issue of general public importance, 5 Justices will normally sit to hear appeal, often involve complicated and technical areas of law and how legislation should be interpreted, any decision the supreme court makes on a point of law will become a precedent for all lower courts to follow