Civil Courts

Supreme Court (civil precedent)

Binds all inferior courts.

Supreme Court jurisdiction

Hears appeals from the Court of Appeal and High Court on points of public/legal importance.

Court of Appeal (Civil) precedent

Binds all inferior courts; bound by the Supreme Court.

Court of Appeal (Civil) jurisdiction

Hears appeals from the High Court and sometimes the County Court.

High Court precedent

Binds all inferior courts; bound by the Court of Appeal and Supreme Court.

High Court functions

Acts as both a trial court and an appellate court.

Single High Court judge decisions

Not binding but persuasive.

High Court divisional court decisions

Binding on the High Court unless plainly wrong.

High Court divisions

King's Bench Division, Chancery Division and Family Division.

Business and Property Courts

Specialist courts within the High Court.

King's Bench Division (KBD)

Deals with tort, contract and commercial law.

Administrative Court

Part of the King's Bench Division.

Commercial Court

Part of the Business and Property Courts within the KBD.

Admiralty Court

Part of the Business and Property Courts within the KBD.

Technology and Construction Court (TCC)

Part of the Business and Property Courts within the KBD.

Financial List

Joint KBD/Chancery court for financial disputes over £50 million or complex cases.

Chancery Division

Deals with company law, land, trusts, mortgages, bankruptcy, IP, probate, property and tax.

Family Division

Deals with appeals from the Family Court.

County Court precedent

Does not create precedent.

County Court status

Bound by higher courts.

County Court jurisdiction

Hears civil trials only.

County Court money claims

Usually up to £100,000 (higher if claimant chooses).

County Court also deals with

Bankruptcy, insolvency, enforcement, PI and commercial disputes.

Magistrates' Court civil jurisdiction

Limited civil matters (e.g. council tax enforcement and maintenance payments).

Superior courts (precedent)

Supreme Court, Court of Appeal and High Court.

Inferior courts (precedent)

County Court, Magistrates' Court and Crown Court.

Why is the Crown Court usually classed as an inferior court?

Because it does not create binding precedent.

When is the Crown Court treated as a superior court?

When hearing trials on indictment (its first-instance jurisdiction is not reviewable by judicial review).

Can the High Court judicially review the County Court?

Yes.

Can the High Court judicially review the Magistrates' Court?

Yes.

Can the High Court judicially review the Crown Court?

Only when it is acting as an appellate court from the Magistrates' Court.

Can the High Court judicially review a Crown Court trial on indictment?

No.

Main role of the judiciary

Resolve disputes according to law.

Three stages of adjudication

Determine facts → Identify the law → Apply the law.

Judiciary and the executive

Holds the executive to account.

How do courts hold the executive to account?

Through judicial review.

Role in the rule of law

Ensure government acts lawfully and uphold constitutional principles.

Human Rights Act role of courts

Interpret legislation compatibly with the ECHR where possible.

If compatible interpretation is impossible

Issue a declaration of incompatibility (s4 HRA).

How do courts make law?

Interpret Acts of Parliament and develop the common law.

Interpreting Acts of Parliament

Give legislation its true meaning.

Developing the common law

Court decisions create and develop legal principles through precedent.

Can Parliament overturn court decisions?

Yes, by passing legislation.

Why can Parliament override the courts?

Parliament is sovereign.