Transcript File - Teaching With Crump!

Civil Courts and Other Forms
of Dispute Resolution
Civil Courts and Appeal System
Lesson Objectives
• You will be able to draw a diagram of the civil
court structure showing appeal routes
• I will be able to state the jurisdiction of each
court
• I will be able to describe the appeal process
Courts of First Instance
Civil disputes are, generally, between
individuals, partnerships, companies and/or
local or national Government departments.
Any or all of the above may disagree about, for
example, a contract, a negligence claim or a
landlord and tenant relationship. Further, local
or national Government departments may be
the subject of a claim for judicial review.
The dispute is between the claimant and the
defendant.
The claimant issues proceedings in a civil court
by giving to the court a description of the claim
on a set form, together with the court fee.
This claim is then sent to the defendant for a
response, usually in the form of a defence to the
claim.
There are two main civil courts in which civil claims
may be issued: the County Court and the High
Court.
The Magistrates’ Court is primarily a criminal court,
but does have some civil jurisdiction.
These courts are known as courts of first instance,
as claims may be commenced and decided there. If
the decision of the court is disputed, then a party
may be able to ask a higher court to reconsider the
case – known as an appeal
Minor civil courts at first instance
County courts
• 230 county courts
• In most major towns
• Main areas of jurisdiction:
 Small claims – less than £5000
 All contract and tort claims
 All cases for recovery of land
 Disputes over partnerships,
trusts and inheritance up to
£30000
• Cases are heard by circuit judge or
district judge
• Very rarely there is a jury of eight,
and only for:
 Defamation (libel and slander)
cases
 Malicious prosecution cases
 False imprisonment cases
Magistrates’ courts’ civil
jurisdiction
• Over 400 courts
• Enforcing council tax demands,
debts to utilities, non-payment of
TV licences, issuing warrants of
entry and investigation to gas
and electricity authorities
• Family cases, including orders
for protection against violence
and maintenance orders (NB not
divorces at a magistrates’ court)
• Proceedings re the welfare of
children (Children Act 1989)
• Appeals against the refusal of
licence to sell alcohol and
betting and gaming licences
• Cases are heard either by lay
justices or by a district judge
(Magistrates’ court)
Topic 7
The courts system: civil courts
The civil courts and
appeals system
• House of Lords
• Court of Appeal
• High Court
• County Court
• Magistrates court (some cases)
Topic 7
The courts system: civil courts
Magistrates’ Court
The Magistrates’ Court deals mainly with criminal cases,
yet it has some civil jurisdiction over family matters.
The Magistrates’ Court can approve care orders and
adoption orders for children and make provisions for the
break-up of a marriage (it cannot, however, grant a
divorce).
It can deal with the recovery of unpaid council tax and
charges for water, gas and electricity. It can also hear
appeals from the local authority about whether to grant
licenses for gambling or the sale of alcohol.
Topic 7
County
Court
The courts system:
civil courts
• County Courts hear the majority of civil cases.
• They are local courts and there are approximately 300
around the country.
• They deal with most divorce cases and cases that are
worth less than £15,000 (less than £50,000 for
personal injury cases).
•
•
•
Less than £5,000 – transferred to small claims track and heard by
District Judges
Between £5,000-15,000 – transferred to the fast track and are
generally heard by a Circuit Judge
Over £15,000 – transferred to the multi-track and may be heard by
Circuit Judge or transferred to the High Court if case concerns
professional negligence and/or there is a complicated point of law
Appeal routes from county courts
House of Lords
Court
of
Appeal
(Civil
Division)
Important point of
principle / practice or
other compelling reason
Circuit judge - County Court -
Case heard
by District
judge
- County Court small claims and
fast track
High Court judge
Case heard
by Circuit
judge
County Court
multi-track
Topic 7
The courts system: civil courts
High Court
The High Court is a court of first instance for trials involving specific
areas of law or claims over £15,000 (£50,000 for personal injury
claims).
It has three divisions:
• Queen’s Bench Division
• Chancery Division
• Family division
The High Court is also an appeal court, hearing appeals from the
County Court, tribunals and the Magistrates’ Court (Family Court).
• Queen’s bench Division – This is the main court and deals
primarily with contract and tort cases. The cases are often
heard in the Royal Courts of Justice, in The Strand, London,
but may be heard in one of the High Court’s District Registries.
• Family Division – This court deals will all aspects of family
matters, including divorce, related children and financial
claims, adoption and care proceedings
• Chancery Division – Historically related to equity. The modern
version deals with partnership disputes, company law,
disputes about wills or trusts, bankruptcy, sale of land and the
creation of mortgages
Queen’s Bench
Division
72 High Court judges
Contract and tort over
£50000; also £15000+
Single judge
Occasionally jury (12)
for:
- fraud
- libel and slander
- malicious prosecution
- false imprisonment
Superior civil
courts of first
instance
High
Court:
three
divisions
Chancery Division
17 High Court judges
Main business includes:
- Insolvency and
bankruptcy, including
the Companies Court
- mortgages
- trust property disputes
- copyright and patents
- intellectual property
- contested probate
Family Division
18 High Court judges
Wardship cases and all cases under the Children Act 1989
Other family matters such as declarations for nullity
Probate is granted in non-disputed cases
Single judge only
Single judge
Appeal Hearings
An appeal is when a party to a civil case is dissatisfied
with the court’s decision and requests a higher court to
review the earlier decision.
Following the Access to Justice Act 1999, the majority
of appeals will only be allowed to proceed if either the
original court or the appeal court has given such
authorisation. Permission is only granted if it involves a
matter of great importance or the appeal has a good
chance of success.
The 1999 Act, will, generally, only allow one
level of appeal. The only exception to this rule is
if the appeal raises a point of great legal and
procedural importance.
The High Court as an Appeal Court
The High Court is both a court of first instance and an appeal court.
Queen’s Bench Divisional Court: This court has appellate jurisdiction in
respect of judicial review. This court may also hear appeals on a point of
law by way of case stated from a Magistrates’ Court, Crown Court or
tribunal.
Family Divisional Court: This court hears appeals from the decisions of
Magistrates’ Courts, and County Courts in respect of family-related
matters
Chancery Divisional Court: This court hears appeals on decisions made in
bankruptcy and insolvency cases originally decided in the County Court
Topic 7
The courts system: civil courts
Court of Appeal
The Court of Appeal hears appeals from both the County
Court and the High Court regarding any civil matter and
the Employment Appeal Tribunal.
It deals with appeals about the facts of the case and
points of law raised in the case.
There are approximately 35 judges known as Lord Justices
of Appeal, and the most senior is known as the Master of
the Rolls.
• Appeals are generally heard by 3-5 judges although can be 2 if
parties agree.
• In the majority of cases leave to appeal to the Court of Appeal
is required.
• The appeal is not a rehearing of the case, but a review of it –
saves cost
• The barristers in the Court of Appeal must provide, in
advance, written and concise statements of their arguments
to the court and the opposing barrister – skeleton arguments
• The CoA my reverse, vary or confirm a decision – Goodwill v
British Pregnancy Advisory Service
Topic 7
The courts system: civil courts
House of Lords
The House of Lords is the highest appeal court in England and
Wales. Cases concerning European Union law may be referred to
the European Court of Justice for a decision (Article 234 referral).
The House of Lords only hears appeals with leave (permission
granted by the Court of Appeal or the House of Lords) on a point
of law of general public importance.
A leap-frog appeal may be made from the High Court to the
House of Lords if the Court of Appeal is already bound by one of
its previous decisions.
• 12 judges – Lords of Appeal in Ordinary (Law Lords)
• 200 cases a year, majority are civil
• Matters of general public importance (Donoghue v Stevenson,
British Railways Board v Herrington)
• Most appeals heard by 3-5 Law Lords
• Leave to appeal must be obtained from original court or from
HoL itself
• Majority of appeals are from civil division of CoA
• Leap-frog procedure is provided by the Administration of
Justice Act 1969
• High Court judge must see it as suitable and HoL agrees, and
the case must be on a point of law and one:
– Of public importance in relation to the statutory interpretation of an
Act of Parliament or a piece of delegated legislation
– When the trial judge is bound by precedent of the Court of Appeal or
HoL
Appeal routes from the High Court
House of
Lords
Leave to appeal
from CA or HL
Court of Appeal
(Civil Division)
leapfrog appeal:
Administration of
Justice Act 1969 - point
of law of public
importance, re either
statutory interpretation
or binding precedent in
CA which High Court
must follow
High Court
NB Appeals can be made to ECJ from any English court (Article 177 of the
Treaty of Rome): there is no need to “go through the system”
Conclusion from book