The English Court Structure

[KALKI]

The English Court Structure

The Courts in Context
The image most people hold of the workings of a court will most likely have been formed from television programmes such as ‘LA Law’, ‘Street Legal’ or ‘Kavangh QC’ to name but a few. Programmes such as these dramatise the courtroom as an exciting and glamorous stage on which the actors (in this case solicitors, barristers and judges) mystify and impress the audience (members of the jury) audience with quick-witted questions and long, emotional Oscar-winning speeches. By way of contrast, the English courts have been dramatised more traditionally in programmes such as ‘Rumpole of the Bailey’ and ‘Crown Court’ as an oak-panelled stage on which the judge looks down on proceedings from a high vantage point and middle class, predominately male legal personnel, remain aloof ordinary members of the public.

Today, what most people fail to appreciate is that in most cases, what goes on in the English court is quite dry and undramatic. The court system is bogged down with ‘conveyor-belt’ style, formal and procedural hearings and applications which generally do not require lengthy legal arguments. These hearings are presented in court daily and owing to the sheer bulk of cases processed through the courts, are delivered in standard fashion by the majority of legal personnel.

Settlement of disputes and the courts
The majority of disputes are settled in either the civil or criminal courts. The civil courts preside over claims made by one individual against another individual. For example, civil disputes can arise where, one person brings another to court and sues for money owed, or for physical damage caused to himself or his property. The court may order the person owing money or causing damage to pay compensation claimed by the injured party. In contrast, the criminal courts preside over actions brought by the state (or the Crown) against an individual who does something likely to harm members of society as a whole, (i.e., commits an act criminalised by English law). For example, where an individual burgles the house of another, the state (normally through the police and the Crown Prosecution Service) will bring that individual to court, then prosecute and punish him on behalf of the victim of the burglary. Depending on the circumstances, the court may order that the victim be compensated by the state or by the offender himself.

It should be noted that there is no clear division between civil and criminal courts. Some courts exercise both civil and criminal powers (or jurisdiction) as Table 1 will illustrate.

The Courts
The work of the main English courts outlined will now be considered below.

i) The House of Lords
The House of Lords (‘H of L’) evolved from the Curia Regis (the King’s Court) and as such is the oldest English court of law. It also acts as part of the body known as ‘Parliament’. When it acts as a court of law, it mainly hears appeals. It is the final court of appeal for English civil and criminal cases and also Scottish civil cases (but not Scottish criminal cases). Its judicial branch is made up of the Lord Chancellor and up to 11 Law Lords (Lords of Appeal in Ordinary). Appeals are heard by at least 3 members of the House, including the Lord Chancellor, although in practice, they are normally heard by the Law Lords.

There is no general right to appeal to the H of L. Civil appeals from the Court of Appeal reach the House of Lords after either the Court of Appeal has given its permission (or ‘leave’) for the appeal to be made, or the Appeals Committee of the House Lords decides to grant its permission. These appeals do not have to involve a point of law of public importance (or something likely to alter a major principle of English law). Civil appeals from the Queen’s Bench Division (QBD) of the High Court may by-pass the Court of Appeal and go directly to the House of Lords under the leap-frog procedure introduced by the Administration of Justice Act 1969.

Criminal appeals from the Court of Appeal (Criminal Division) to the House of Lords must involve a point of law of public importance and permission to appeal must be obtained. Criminal appeals from the QBD was introduced under the Administration of Justice Act 1960.

ii) The Court of Appeal
The Court of Appeal (‘C of A’) as the name suggests, hears appeals. It is made up of the present and former Lord Chancellors, Lord Chief Justice, Master of the Rolls, President of the Family Division of the High Court, Vice Chancellor, Lords of Appeal in Ordinary and Lord Justices of Appeal. In the civil and criminal divisions, the usual number of judges hearing an appeal is 3.

The civil division hears appeals on questions of law from the High Court and questions of law and fact from the County Court. The criminal division hears appeals against conviction or sentence passed by the Crown Court.

Generally, there is a right to appeal to the C of A. However, in special cases, the C of A or a lower court must give permission to appeal.

iii) The High Court of Justice
The main High Court (‘HC’) can be found at the Royal Courts of Justice, the Strand, London, but there are several district branches in larger cities of England and Wales. Around 80 judges serve the HC and its district branches. High Court judges (or ‘puisne’ judges) are usually senior barristers, appointed by the Crown. The composition and work of the HC will be considered under its 3 divisions.

Chancery Division. This division is made up of the Lord Chancellor, Vice Chancellor and puisne judges. Around 1 to 2 puisne judges hear cases in its district branches. It has civil jurisdiction and deals with complex matters such as tax, wills, copyright, land registration and bankruptcy. It can deal with certain appeals (i.e., tax and appeals concerning bankruptcy matters from the county court).

Family Division. This division is made up of a President and puisne judges. Two judges hear cases in its district branches. It has civil jurisdiction and deals with matters such as divorce, disputes over money, property and children. It also hears certain appeals (i.e., from decisions made by magistrates’ and county courts in relation to guardianship of children).

Queen’s Bench Division (‘QBD’). The largest division of the HC is made up of the Lord Chief Justice and puisne judges. Approximately 2 to 3 judges hear cases in its district branches. It has both civil and criminal jurisdiction. Civil cases usually involve more serious contract and tort matters and under its civil jurisdiction, the QBD can hear limited appeals. Under its criminal jurisdiction, the QBD only deals with appeals (usually from magistrates’ and crown courts). The QBD has a further important function. It acts as ‘public defender’. The QBD can for example, issue an order requiring the state to release an individual unlawfully detained (known as the writ of habeas corpus). It can also issue orders compelling lower courts to exercise their powers properly and preventing them from acting outside their jurisdiction.

iv) The Crown Court
The Central Criminal Court (or Crown Court, ‘CC’) is known as the ‘Old Bailey’, situated in London. Like the HC, there are several district CCs throughout England and Wales. Judges of the CC come from the ranks of puisne judges of the HC, although any judge (or former judge) of the C of A, or indeed former puisne judges, may also hear cases in the CC. Only 1 judge hears criminal cases (although on some occasions, magistrates can sit in).

The main function of the CC is to hear and pass sentence in criminal cases and also hear appeals (principally from magistrates’ courts). When the CC hears a trial, a jury is present. The function of the jury is to hear the facts of the case and decide whether or not the defendant is guilty of the offence charged. The jury is made up of ordinary (or lay) members of the public (usually 12) and is there to ensure defendants receive a fair trial.

The function of the CC judge in a trial is limited to explaining and summing-up the law to the jury and making decisions on matters of law (such as whether evidence should be put before the jury). Offences (indictable and either way offences) tried in the CC are usually more serious.

v) Magistrates’ Court
There are numerous Magistrates’ courts (‘MC’) serving the county’s of England and Wales. These courts have both civil and criminal jurisdiction and are made up of justices of the peace (or magistrates), who are appointed representatives of each county’s local community. Magistrates do not have to be qualified solicitors or barristers therefore. In this capacity, they are known as ‘lay magistrates’. A qualified solicitor or barrister acting as a magistrate is known as a ‘stipendiary magistrate’. In any one hearing, the court must have a minimum of 2 and a maximum of 7 magistrates’ present (it is usual to see 3 magistrates). A stipendiary magistrate may hear cases alone as they have the power of 2 lay magistrates.

Under its civil jurisdiction, MCs deals with matters ranging from recovery of debt, renewal of licences and domestic proceedings such as divorce. Under its criminal jurisdiction, it processes most criminal cases. Magistrates can hear and pass sentence in less serious offences (summary offences). When the MC hears a trial, no jury is present. Magistrates act as both judge and jury, basing their findings of innocence or guilt on their assessment of both the facts in the case and the law (assessment of law is made with the advice of the court clerk).


vi) County Court
There are also numerous County courts throughout England and Wales. Each court is supervised by a ‘Registrar’ (normally a senior solicitor), who is assisted by administrative staff. Cases are heard by ‘circuit judges’ (usually a Crown Court judge) who sits alone. These courts deal exclusively with the bulk of less serious civil cases. The types of cases processed through the county court include:
Contract and tort claims.
The county court can deal with claims for personal injury or death where the sum involved is not more than £50,000. Claims for personal injury/death which are over £50,000 must be dealt with in the High Court.
Other claims in contract and tort between £25,000 and £50,000 can either be dealt with in the High Court or county court, depending on the complexity of the case.
Claims over £50,000 should be tried in the High Court, unless it was started in the county court and does not involve complex questions of law and fact, or it is transferred from the High Court to the county court because its nature is more suitable for county court;
Claims involving land, mortgages, trusts or wills.
Claims involving the recovery of land, mortgages, trusts or wills which is not valued above £30,000 are also dealt with by the county court.
Small claims.
Where the value of a claim is under £3,000 (the upper limit was previously £1,000) and the issue is not complex, it can be dealt with through the ‘arbitration’ procedure. Both parties must agree to the matter being dealt with in this way. Arbitration is an informal procedure which does not really require the intervention of a legal representative. The parties can represent themselves. The case is heard by an arbitrator (usually a district judge or deputy district judge) who can question both parties as well as make a final ruling in the case. The strict rules of evidence governing formal court trials do not apply to arbitration.
Matrimonial and family matters.
These include matters such as divorce and residence orders for children.
Other matters dealt with by the county court include admiralty cases involving less than £5,000 or £15,000 for salvage cases and the winding up of a company with a share capital of less than £120,000.