The Structure and Function of Courts and Tribunals

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Transcript The Structure and Function of Courts and Tribunals

The Structure and Function of Courts and Tribunals

The Court Hierarchy in England and Wales

First, some terminology:  Criminal and Civil Courts  Trial and Appellate Courts  Superior and Inferior Courts

The Court Hierarchy in England and Wales

 The Court of Justice of the European Union (the European Court of Justice)  Supreme Court of the United Kingdom  Judicial Committee of the Privy Council Courts below this level are divided between civil and criminal cases

The Court Hierarchy in England and Wales

 The Court of Appeal  The distinction between the Civil and Criminal Divisions  Binds all lower courts  Also binds itself with exceptions  What are the exceptions?

Young v Bristol Aeroplane [1944] 2 All ER 293 (CA) R (on the application of M) v Secretary of State for Work and Pensions [2008] UKHL 63, [2009] 1 AC 311

The Court Hierarchy in England and Wales

 The High Court  The Divisions of the High Court (Ch, Fam, QB)  What is the Divisional Court?

 Queen’s Bench Division Appeals by way of ‘case stated’  Family Division  Chancery Division

The Court Hierarchy in England and Wales

 Below the High Court....

 County Court  Crown Court  Magistrates’ Courts

Tribunals

 What are Tribunals?

 The Characteristics of Tribunals Specialised Employment Appeal Tribunal Less formal than the courts  Advantages of Tribunals Speed Cost Informal Flexible Specialised Help the courts Awareness of Policy Privacy  The Composition of Tribunals

Tribunals

 History of Tribunals  Franks Committee 1957  Leggatt Review 2000  Transforming Public Services 2004  Tribunals, Courts and Enforcement Act 2007  The New Framework of Tribunals  Control of Tribunals