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The Courts Structure (Week 1)

The Courts structure in England and Wales
by

Tonisha Tagoe

on 19 February 2013

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Transcript of The Courts Structure (Week 1)

An Introduction The Courts Structure in England and Wales 2 DOMESTIC sources of law: 2 INTERNATIONAL sources of Law Judges cannot create law Functions:
1- European Court of Justice



2- European Convention on Human Rights
Cases with an International issue 2- The Courts
Apply case law and acts of parliament
Uphold the separation of powers and parliamentary supremacy 1- Parliament
pass legislation and have parliamentary supremacy Solve disputes Case Management Training Judicial Reading Within Civil & Criminal Cases Tribunals Service The Magistrates Court Trials of Summary Only offences
Family Proceedings
Licencing (Betting, Gaming, Liquor)
Youth Court
Commitals to the Crown Court The crown court Serious criminal cases (Murder, Rape, robbery)
Appeals from Magistrates Courts
Cases for sentencing
Tort
Probate
Family High Court Queens Bench Divisions Supreme Court (FKO as The House Of Lords) Court of Appeal Criminal Division Makes decisions on matters including: Asylum
Immigration
Criminal injuries compensation
Education
Employment
Social Security
Child Support
Pensions
Tax and Land Issues Administrative Chancery Division Family Division Merchantile Commercial Civil Division Decisions of the Tribunal Service may be appealed to the appropriate Division of the High Court Deals with summary criminal cases and committals to the Crown Court with simple civil cases including: Normally heard by either a panel of 2 lay Magistrates & 1 District Judge, 3 magistrates or by a district judge (without a jury)
Criminal cases can be appealed to the Crown court & Civil cases can be appealed to the County Courts Trials of Indictable criminal offences from the Magistrates Courts including: Cases are heard by a Judge and Jury
Decisions of the Crown Court may be appealed to the Criminal Division of the Court of appeal County Court Deals with ALL except the most complicated/simple civil cases including: Most matters under under the value of £5000 like:
Debt
Breach of contracts
Housing Issues
Rent arrears
re-possession
Previous Count Court Judgements Heard by a Judge or District Judge
Decisions of the County Courts can be appealed to the appropriate division of the High Court Civil Law appeals and Family law appeals
from:
The High Court
Tribunals
County Courts Criminal Law appeals from:
The Crown Court Decisions may be appealed to the Supreme Court (FKA The House Of Lords) Replaced the House of Lords as the highest Court in 2009 Appeals from the:
Court of appeal
High Court Appeals are normally heard by 5 Justices but can be heard by up to 9 (Formerly known as Lords of Appeal in ordinary, or Law Lords ) Companies Court
Commercial Fraud
Disqualification of Directors
Divisional Court
Equity
Trusts
Patents Court
Copyright
Patents Matrimonial Matters
Custody
Parentage
Adoption
Domestic Violence
Divorce
Uncontested Probate Matters
Oversees legality of decisions and
actions of:
Inferior courts & Tribunals
Local Authorities
Ministers of the Crown

Drug Trafficking Act 1984
Judicial Reviews
Statutory appeals and applications
Applications for habeas corpus
Admiralty Shipping & Maritime Disputes
Collisions
Arrest Vessels & Cargoes and sell them within England and Wales
Mortgage disputes
National & International Business Disputes
International Trade
Banking
Commodities
Arbitration disputes National & International Business Disputes
of Lesser vale than the Commercial Division Technology & Construction Technically complex
Trial by a specialist judge Appeals can be appealed to the Civil Division of the Court of appeal deals with a case if it is one that has a basis in European law rather than in UK law. This court is based in Luxembourg. deals with cases where a person believes that their human rights have been compromised and a national solution has not been reached. This court is based in Strasbourg (have a direct impact and effect on UK Law)
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