Divisional Court is in relative to the High Court however the divisional courts sit two judges rather than one. The Court of Appeal (Civil Division) hears appeals from County and High Courts. An appeal is when a party 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 the original court has given authorisation. The 1999 act will generally only allow one level of appeal; exceptions may be made if the appeal raises a point of great legal or procedural importance. There are different routes for appealing from the County Court and the High Court, the value of claims and the level of judge who heard the case affects which appeal route will be used. Appealing from the court of appeal may be directed to the Supreme Court under administration of justice act 1969, although the appeal must involve a point of law of general public importance for the appeal to be accepted, if a point of European law is involved the case may be referred to by the European Court of Justice under article 267 of the treaty of Rome.
The Supreme Court plays the role of the court of last resort and has since October 2009. The European Court of Justice is the highest court in matters of the European Union.
Comparisons of Solicitors and Barristers
Some of the differences include solicitors are able to create partnerships and apply to work for other solicitors however barristers have to work solely and be independent. Even though they work with fellow barristers in groups and share expenditures, they do not share income, also solicitors work across the country and there are solicitors’ firms on most high streets. However barristers’ chambers are concentrated in one small area of London and in central areas of large cities that have Crown Courts – Mostly those major cities that also have High Court sittings. Solicitors deal one-on-one with the public, whereas barristers are a ‘referral profession’. This means that the public have to refer to a solicitor initially. Solicitors are often described as ‘general legal advisers’ They carry out a huge variety of office-based work – writing letters, drawing up documents, negotiating with other people on behalf of the client and completing the preparatory work for cases that will end up in court. Barristers on the other hand, are usually thought of as ‘specialists’ who spend their time either on support in court or writing counsels’ opinions – advice to clients and their solicitors on specialist areas of law.
Judges
When Judges are referred to as a group they are called the judiciary. There are numerous types of judges but their most important role, no matter what court, county or country is practically the same; to make sure a session in court is held with fairness, is unbiased and follows the law. The decisions they make are then expected to be made with the same level of professionalism. Becoming a part of the judiciary is becoming with time simpler. Prior to 1990 only barristers who had practiced law for at least ten years could become a High Court judge or any judiciary position higher than that. However by extending the list of potential judges in 1990 by allowing solicitors to become High Court judges then another act in 2007 that stated it was a needed requirement that new judges have to posses the relevant legal requirements for the first time this does not mean necessarily being a barrister or solicitor. Fellows from the Institute of Legal Executives and registered patent attorneys and trademark attorneys may apply for judicial roles such as deputy district judge or tribunal judge, the act also made leniencies to how prospective applicants have gained experience in law, as well as practising teaching law such activities as mediating or arbitrating, drawing up legal documents or giving advice on law are now also allowed when the judiciary are searching through applicants.
Lay People
There are about 29,000 magistrates sitting as judges in the magistrates courts; they sit to hear cases on a bench of two or three people. A sole magistrate has very limited powers however they can issue arrest warrants and conduct hearings. District judges also work in Magistrates courts. To become a lay magistrate
