Describe the Hierarchy of the Civil Courts

by smith234 (student)

Unit 23 p1 Vjosa Kutllovci

P1 Describe the hierarchy of the civil courts

Research the courts and state what each civil court does.

County Hierarchy Civil Cases

European courts of justice

The European Court of Justice is the highest court in the European Union in matters of European Union law. As a part of the Court of Justice of the European Union institution it is tasked with interpreting EU law and ensuring its equal application across all EU member states. The Court of Justice of the European Union applies to EU law. Its judgments can affect both member states and individuals, and it is the referee between member states. The Court of Justice understands EU law to make sure it is applied in the same way in all EU countries. It also settles legal disputes between EU governments and EU institutions. Individuals, companies or organisations can also bring cases before the Court if they feel their rights have been overstepped by an EU institution.

Supreme courts

A supreme court is the highest court within the hierarchy of many legal jurisdictions. The Supreme Court is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. It hears cases of the greatest public or legal importance affecting the whole population. It hears cases of the greatest public or constitutional importance affecting the whole population. The Supreme Court hears appeals from across the United Kingdom. As its name suggests, it is the highest court in the UK: this means that it has an extremely important role in determining how the law should be interpreted and applied. Because of this not all cases can be appealed in the supreme courts. For the most part, the Supreme Court healer’s cases that is of public importance. In these cases, the decision goes beyond the case being appealed: the court has to set a precedent which will affect all similar cases that follow it.

Court of appeal

The court of appeal is the second highest court in England and Wales. Court of appeal is a court whose jurisdiction is to review decisions of lower courts or agencies. It is divided into two decisions, criminal and civil, and is based at the royal courts of justice. Its Lords justices, as the judges are known, here appeals in both criminal and civil cases following judgments in the lower court. However, appealing is not a simple matter of taking your case to the court. First, you need to get permission to appeal, either from the court your case was first in or in the courts of appeal itself. For permission to be granted there must be either “a real prospect of success” or “some other compelling reasons to why the appeal should be heard”. Not all appeals are made in the courts of appeal. They are usually made to the next highest court so an appeal from the magistrate’s court would go to the crown courts. The differences are that the courts of appeal only deal with appeals.

Divisional court

Divisional court is a court of the queen’s branch division which is called the administrative court when dealing with a judicial review cases. The administrative court was formed to deal with applications for judicial review and similar matters. This court forms part of the Queen’s Bench division of high court, and replaced the former crown office list. At the same time, the orders available to the court of judicial review then the proceedings had to be named.

The order of certiorari; replaced by a quashing order,

Mandamus by a mandatory order, and

Prohibition by a prohibiting ...

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Divisional court

The order of certiorari; replaced by a quashing order,

Mandamus by a mandatory order, and

Prohibition by a prohibiting order

The substances of the various orders, and the circumstances in which they are granted, did not change. As well as having an original jurisdiction of their own, all three divisions of the high court have appellate jurisdiction to hear the appeals from the lower courts and tribunals. The divisional court of the chancery division deals with appeals in bankruptcy matters from the county court. The divisional court of the Queen’s branch deals largely with certain appeals on points of the law from many courts. The divisional court of the family division deals largely with appeals from magistrates courts in marital matters ‘a next friend’ or ‘guardian ad litem’.

High courts

A high court is the unlimited jurisdiction forming part of the supreme courts and comprising three divisions: queens Brench, chancery, and the family division. The high court deals with civil cases and also has the power to review the actions of individuals to make sure they have acted legally and justly. The high court has three divisions as followed:

The family division

The family division deals with complex defended divorce cases, dissolution of civil partnerships, wardship, adoption, domestic violence and so on. It also deals with appeals from the magistrate’s courts and country courts in matrimonial cases.

The Queen’s Bench division

The Queen’s Bench division deals with large and or complex claims for compensation. It also deals with a limited number of appeals from magistrate’s courts or crown courts, as well as reviewing the actions of the organisation to see whether they have acted legally, and with libel and slander actions.

The chancery division

The chancery division deals with trust, contested wills, winding up companies, bankruptcy, mortgages, charities, contested revenue (usually income tax) cases etc.

Non-family claims in northern island

In northern island, the high court can be used in cases if the value of the claim is over £15 000. In some circumstances, a case over £15, 000 can be forwarded to the county court and similarly a case under the value of £15, 000 may be transferred from the high court from the county court.

County court

Cases dealt by the county court

The county court deals with the civil cases which are dealt by a judge or district judge. The case can be started in any county court but it may be transferred to the defendant’s local court. If the case is defendant and the claim is for a mixed amount of money, the case will be transferred automatically by the court of the defendant’s local court (if the defendant is an individual not a company). In other cases the defendant can request its transfer. All claims arising from credit agreements must be started in the county court, whatever their value.

Examples of cases dealt by the county courts

County courts can deal with a wide range of cases, but the most common ones are:

landlord and tenants disputes, for example, possession (eviction), rent area, despairs

customer disputes for example, faulty goods or services

Personal injury claims (injuries caused by negligence), for example, traffic accidents, falling into holes in the pavement, accidents at work

Undefended divorce cases and proceedings to end a registered civil partnership, but only in some county courts. In inner London the Principle registry of the family division in the strand deals with undefended divorces and proceeding to end registered civil partnerships

Some domestic violence cases, but these may also be heard in the magistrates court

Race, sex and disability discrimination cases

Discrimination cases

Debit problems, for example, a creditor seeking payment

Employment problems for example, wages or salary owing or pay in lieu of notice

Small case claims

In England and Wales, a case will, if defended, be dealt with in one of three ways. The court will decide which producer will apply and then allocate the case to the corresponding ‘track’. The tracks are:

The small claims track

The fast track

The multi-track

The small claims track is the usual track for claims with a value of £5,000 or less. The procedure in the small claims track is simpler than in the other tracks and in most cases the losing party will not have to pay the other party's costs.

There is one track to small claims in Northern Ireland for claims with a value of £3,000 or less.

Magistrate’s court

Magistrates courts claims deals with criminal and some civil cases, and cases are dealt with either by justice of the peace, who are unqualified and who are paid only expenses, or by distract justice (Magistrates court) who receive some payments.

Criminal cases in Magistrates court

All criminal cases start in the Magistrates’ court.

Some cases begin in the Magistrates’ court and then automatically go to the Crown Courts for trial by jury.

Other cases are started and finished in the magistrates' court. These are where the defendant is not entitled to trial by jury. They are known as summary offences. Summary offences involve a maximum penalty of six months imprisonment and/or a fine of up to £5,000.

Magistrates also deal with offences where the defendant can choose trial by jury but decides to have their case heard in the magistrates' court. If the defendant chooses trial by jury, the case will be passed on to the Crown Court.

The youth court

The youth court deals with young people who have committed criminal offences, and who are aged between 10 and 17. The youth court is part of the magistrates’ court and up to three specially-trained magistrates hear the case. If a young person is charged with a very serious offence, which in the case of an adult is punishable with 14 years’ imprisonment or more, the youth court can commit them for trial at the Crown Court.

Civil cases in the magistrates’ court

Magistrates can deal with a limited number of civil cases as follows:

•some civil debts, for example, arrears of income tax, national insurance contributions, council tax and VAT arrears

•some matrimonial problems, for example, maintenance and removing a partner from the matrimonial home

•welfare of children, for example, local authority care or supervision orders, adoption proceedings and residence orders.