Part 2: Human Rights, EU Law, Custom, Equity, and the Administration of Justice

What was the purpose of the Human Rights Act (HRA) 1998?

To incorporate the ECHR into UK domestic law, allowing individuals to assert rights in UK courts

What is the duty of judges under Section 3 of the HRA 1998?

To interpret legislation in a way that is compatible with Convention rights "so far as it is possible to do so"

How was the Rent Act 1977 interpreted in Ghaidan v. Godin-Mendoza (2004)?

The term "spouse" was interpreted to include same-sex couples to ensure non-discrimination under the ECHR

What is a "Declaration of Incompatibility" under Section 4 of the HRA?

A court's statement that a law is not compliant with the ECHR; it does not invalidate the law but puts political pressure on Parliament

Does the ECHR have a "horizontal effect" in the UK?

Not directly between private parties, but courts develop domestic law (like breach of confidence) to fit Convention concepts like privacy (Campbell v Mirror Group)

Are UK courts bound by judgments of the European Court of Human Rights (ECtHR)?

No, Section 2 states they "must take into account" such judgments, but they are not legally bound (e.g., R v. Horncastle)

What happened to the supremacy of EU law after the EU Withdrawal Act 2018?

The Act repealed the ECA 1972, meaning EU law no longer takes precedence over UK Parliament Acts

What is "EU Retained Law" (now "Assimilated Law")?

Existing EU legislation that was "copied" into UK domestic law to avoid gaps after Brexit

What are "Henry VIII clauses"?

Powers given to ministers to amend or repeal primary legislation using secondary legislation without full Parliamentary process

What are the criteria for a "Custom" to be legally enforceable?

It must have existed since "time immemorial" (1189), be certain, reasonable, continuous, and local

Why did "Equity" develop?

To remedy the rigidity of the common law and prevent injustices based on moral principles

What was the historic role of the Lord Chancellor in Equity?

He was the "keeper of the king’s conscience" who decided cases based on moral fairness in the Court of Chancery

Which case established that Equity prevails over Common Law in case of conflict?

The Earl of Oxford’s case (1615)

What did the Judicature Acts 1873-1875 achieve?

They merged the administration of common law and equity into one court (the High Court)

Name two equitable maxims.

"One who comes to equity must come with clean hands" and "Delay defeats equity"

What is the standard of proof in Criminal Law?

"Beyond all reasonable doubt" (the jury/judge must be certain)

What is the standard of proof in Civil Law?

The "Balance of probabilities" (more likely than not)

What are the two types of first-instance courts for criminal matters?

Magistrates’ Courts and Crown Courts

What are "Summary Offences"?

Less serious offenses (e.g., common assault, shoplifting) tried in Magistrates' Courts

What are "Indictable Offences"?

More serious offenses (e.g., murder, rape) tried in the Crown Court with a jury

What are "Either-way Offences"?

Offenses that can be tried in either the Magistrates' or Crown Court depending on complexity and sentencing power

Who heads the Crown Prosecution Service (CPS)?

The Director of Public Prosecutions (DPP)

What two tests must the CPS apply before prosecuting?

The Evidential test (is there enough evidence?) and the Public Interest test (is it in the interest of the public?)

What is the "Victim’s Right to Review Scheme"?

A scheme allowing victims to request a review if the CPS decides not to prosecute

Who are "Justices of the Peace"?

Local volunteers (lay magistrates) who sit as a panel of three and do not have formal legal qualifications

What is the role of a "Justice’s Clerk"?

To advise lay magistrates on matters of law, practice, and procedure

How is a "District Judge" different from a lay magistrate?

A District Judge is a legally qualified professional who sits alone

What is the "ticketing" system for judges?

A system ensuring only experienced judges hear sensitive cases like murder or sexual offenses

: Under what circumstances can a criminal trial be heard by a judge alone?

If there is a "real and present danger" of jury tampering (Section 44 Criminal Justice Act 2003)

Which case was the first to approve a trial by judge alone due to jury tampering?

R v. Twomey (2009)

What is the jurisdiction of the County Court?

It is an inferior civil court dealing with contracts, torts, and land disputes

Name the three divisions of the High Court of Justice.

King’s Bench Division, Chancery Division, and Family Division

What was the main goal of the Woolf Reforms and the Civil Procedure Rules (CPR)?

To make the civil justice system quicker, cheaper, and less complex through "active case management"

: What is the "Overriding Objective" of the CPR?

Dealing with cases justly and at a proportionate cost

What is an "Unless Order"?

A court order stating that unless a party complies, their statement of case will be struck out

What was the consequence of failing to comply with costs budget rules in Mitchell v News Group Newspapers (2013)?

The party could only recover court costs, not legal representation costs

: What are the three "tracks" in civil litigation?

Small claims track, Fast track, and Multi-track

What is the financial limit for the Small Claims Track?

Generally for claims under £10,000

What defines the Fast Track?

Claims between £10,000 and £25,000 where the trial lasts no more than one day

What defines the Multi-track?

Claims above £25,000 or complex cases requiring tailored management

In which civil cases is a jury still possible?

Cases involving fraud, malicious prosecution, or false imprisonment (and formerly libel/slander)

Why was a jury denied in the Mc Donalds Libel case?

Because the scientific issues were too complex for a jury to hear satisfactorily

Can a defendant who pleaded guilty in a Magistrates' Court appeal to the Crown Court?

Generally only against the sentence, not the conviction, unless the plea was ambiguous or under duress

What is an appeal by "way of case stated"?

An appeal from the Magistrates' Court to the High Court on a specific point of law or jurisdiction

When will the Court of Appeal allow a criminal appeal against conviction?

When it considers the conviction to be "unsafe" (e.g., due to misdirection of the jury)

What is the role of the Criminal Cases Review Commission (CCRC)?

To investigate suspected miscarriages of justice and refer cases back to appeal courts if new evidence arises

What is a "Leapfrog Appeal"?

An appeal that goes directly from the High Court to the Supreme Court, bypassing the Court of Appeal

What is the "Cab Rank Rule" for barristers?

Barristers must accept any case in their area of expertise if they are available and a reasonable fee is offered

How do "Solicitors" and "Barristers" differ in training (post-2021)?

Solicitors now pass the SQE and need two years of work experience; Barristers complete a pupillage and are "called to the Bar" by an Inn of Court

What is a "King’s Counsel" (KC)?

A senior barrister (or solicitor) recognized for merit, often called a "silk" because of their gown