Civil Courts
The civil courts are composed of the following courts: Magistrates' Courts, County Courts, the High Court of Justice, the Court of Appeal (Civil Division) and finally the Supreme Court of the United Kingdom.
Magistrates’ Courts
County Courts
The High Court of Justice
The Court of Appeal (Civil Division)
Supreme Court of the United Kingdom
Source: Shears, Peter and Stephenson, Graham, James' Introduction to English Law, 13th ed., 2005.
Magistrates’ Courts
Although primarily dealing with criminal cases, this court has a limited civil jurisdiction, many matters concerning matrimonial proceedings and family work. The Magistrates' Courts have powers to issue orders for judicial separation, orders for maintenance of spouses and children and personal protection in cases of marital violence. They also hear cases on child custody, adoption, etc. Appeals against their decisions can be made to the Divisional Court of the Family Division of the High Court. Magistrates' Courts also have administrative powers concerning the granting of licences for betting shops, public houses, theatres and cinemas. In this case appeals against their decisions can be lodged with the Crown Court.
County Courts
The vast majority of civil cases are heard by County Courts and most cities have a County Court. These courts were created to hear minor civil cases. They are organized into administrative divisions called districts and circuits. A) Organization
Two types of judges compose the County Courts: circuit judges and district judges. The former are appointed by the Queen on the advice of the Lord Chancellor from among barristers and solicitors who have 10 years' experience in the Crown Court or a county court qualification. These judges hear complex cases.
District judges - formerly called registrars - hear minor cases. Their appointment is made by the Queen on the advice of the Lord Chancellor, from among mainly solicitors of not less than 7 years' experience.
B) Jurisdiction
County Courts have broad civil jurisdiction. In some cases, this jurisdiction is limited by certain amounts. The statutes provide which matters have to be brought compulsorily before the County Courts and financial limits (less than £15,000 or £50,000) are subject to regular review.
The High Court of Justice
The High Court of Justice sits at the Royal Courts of Justice in London and also in 26 cities across the country. Any matter be determined by any division of the High Court but for administrative reasons and convenience specific matters are allocated to each division in accordance with statute, the rules of court and custom. The high court of justice is composed of three courts: Queen's (king's) Bench Division, the Chancery Division and the Family Division. Decisions are heard before the Civil Division of the Court of appeal or directly before the Supreme Court of the United Kingdom through the leap-frog procedure.
The Chancery Division
The Queen’s (King’s) Bench Division (QBD or KBD)
The Family Division
The Court of Appeal (Civil Division)
The Civil Division of the Court of Appeal ranks bellow the Supreme Court of the United Kingdom.A) Organization
The Civil Division of the Court of Appeal consists of the Master of the Rolls and a staff of about 40 Lord Justices of Appeal. The latter are appointed from barristers of at least 15 years standing or from puisne judges with at least 2 years of experience. Usually each member of the court delivers a judgement and the majority opinion prevails.
B) Jurisdiction
The Civil Division of the Court of Appeal hears civil appeal from all divisions of the High Court, the Restrictive Practices Court, the county Courts, the Employment Appeal Tribunal and other tribunals. The decision of the Civil Division of the Court of Appeal may affirm, amend or reverse the decision of a lower court or exceptionally it may order a new trial as where evidence has been improperly admitted or rejected. Appeals lies to the Supreme Court of the United Kingdom.
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the final appellate court in civil and criminal matters. A) Organization
The court is composed of the Lord Chancellor and up to eleven Law Lords (12 Lords in total). A quorum of three is necessary to constitute the court, but usually five members sit. Each judge may deliver a separate opinion, the verdict being by majority. B) Jurisdiction The jurisdiction of the Supreme Court of the United Kingdom is almost entirely appellate. In civil matters it hears appeals from the Court of Appeal (Civil Division) in England, as well as the Court of Session in Scotland and the Court of Appeal in Northern Ireland. There is no general right of appeal: leave of the Court of Appeal or the Supreme Court of the United Kingdom itself first be obtained first. C) Leap-frogging the Court of Appeal
The administration of justice Act 1969 introduced, subject to certain conditions (id est, the case must involve a point of particular legal interest and both parties to the dispute must consent to it), a new form of appeal in civil actions from the high court (or divisional Court) direct to the final appellate court, leap-frogging then the Court of Appeal.
The Queen’s (King’s) Bench Division (QBD or KBD)
1) Organization
The KBD consist of the President and a staff of about 65 puisne judges (ordinary judges of a less rank than the president), who are appointed, as in the other divisions, by the Monarch on the advice of the Lord Chancellor. The Constitutional Reform Act 2005 has now created a Judicial Appointments Commission to make recommendation, after a fair and open competition, to the Lord Chancellor.
2) Jurisdiction
The KBD exercises 3 types of jurisdiction: original, appellate and supervisory
a) Original jurisdiction
The KBD deals with all civil cases not specifically assigned to other divisions of the High Court, mainly actions in contract and tort as well as judicial review. It has three specialist courts: the Commercial Court, the Admiralty Court (dealing with cases involving ships), and Technology and Construction Court.
b) Appellate jurisdiction
The KBD may sit as a divisional court to hear appeal on matters about some legal points from the Crown Court and the magistrates’ court by mean of a process known as “appeal by way of case stated”. Once the legal questions or points has been resolved the case is returned for final judgment on the facts to the Crown Court or the magistrate’ court.
The Chancery Division
1) Organization
The Chancery Division is presided over by the Chancellor of the High Court and has a staff of 17 puisne judges.
2) Jurisdiction
Matter which used to be within the province of the Old Chancery Court remain primarily the business of the Chancery Division. Its jurisdiction includes the execution of trusts and settlements, the administration of states of deceased persons, mortgages, charges on lands, etc.
In the metropolitan area of London, there is a special Bankruptcy Court and a Companies Courts for company matters as wells as a Patents Court dealing with patents, trademarks, registered designs and copyright.
The Divisional Court of the Chancery Division has a limited appellate jurisdiction, consisting inter alia of the hearing of appeals from county courts in bankruptcy and land registration matters.
The Family Division
1) Organization
The Family Division comprises a President and about 15 puisne judges
2) Jurisdiction
The Family Division deals mainly with the following matters: matrimonial proceedings including the granting of decrees for judicial separations, the dissolution of marriages, disputes between spouses as to titles of property, proceedings for a decree of presumption of death, proceedings in relation to the wardship of minors, etc.
Sitting as a Divisional Court, the Family Division principally hears appeals from magistrates’ courts and county courts in respect of proceedings concerning matrimonial causes and children.
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Transcript
Civil Courts
The civil courts are composed of the following courts: Magistrates' Courts, County Courts, the High Court of Justice, the Court of Appeal (Civil Division) and finally the Supreme Court of the United Kingdom.
Magistrates’ Courts
County Courts
The High Court of Justice
The Court of Appeal (Civil Division)
Supreme Court of the United Kingdom
Source: Shears, Peter and Stephenson, Graham, James' Introduction to English Law, 13th ed., 2005.
Magistrates’ Courts
Although primarily dealing with criminal cases, this court has a limited civil jurisdiction, many matters concerning matrimonial proceedings and family work. The Magistrates' Courts have powers to issue orders for judicial separation, orders for maintenance of spouses and children and personal protection in cases of marital violence. They also hear cases on child custody, adoption, etc. Appeals against their decisions can be made to the Divisional Court of the Family Division of the High Court. Magistrates' Courts also have administrative powers concerning the granting of licences for betting shops, public houses, theatres and cinemas. In this case appeals against their decisions can be lodged with the Crown Court.
County Courts
The vast majority of civil cases are heard by County Courts and most cities have a County Court. These courts were created to hear minor civil cases. They are organized into administrative divisions called districts and circuits. A) Organization Two types of judges compose the County Courts: circuit judges and district judges. The former are appointed by the Queen on the advice of the Lord Chancellor from among barristers and solicitors who have 10 years' experience in the Crown Court or a county court qualification. These judges hear complex cases. District judges - formerly called registrars - hear minor cases. Their appointment is made by the Queen on the advice of the Lord Chancellor, from among mainly solicitors of not less than 7 years' experience. B) Jurisdiction County Courts have broad civil jurisdiction. In some cases, this jurisdiction is limited by certain amounts. The statutes provide which matters have to be brought compulsorily before the County Courts and financial limits (less than £15,000 or £50,000) are subject to regular review.
The High Court of Justice
The High Court of Justice sits at the Royal Courts of Justice in London and also in 26 cities across the country. Any matter be determined by any division of the High Court but for administrative reasons and convenience specific matters are allocated to each division in accordance with statute, the rules of court and custom. The high court of justice is composed of three courts: Queen's (king's) Bench Division, the Chancery Division and the Family Division. Decisions are heard before the Civil Division of the Court of appeal or directly before the Supreme Court of the United Kingdom through the leap-frog procedure.
The Chancery Division
The Queen’s (King’s) Bench Division (QBD or KBD)
The Family Division
The Court of Appeal (Civil Division)
The Civil Division of the Court of Appeal ranks bellow the Supreme Court of the United Kingdom.A) Organization The Civil Division of the Court of Appeal consists of the Master of the Rolls and a staff of about 40 Lord Justices of Appeal. The latter are appointed from barristers of at least 15 years standing or from puisne judges with at least 2 years of experience. Usually each member of the court delivers a judgement and the majority opinion prevails. B) Jurisdiction The Civil Division of the Court of Appeal hears civil appeal from all divisions of the High Court, the Restrictive Practices Court, the county Courts, the Employment Appeal Tribunal and other tribunals. The decision of the Civil Division of the Court of Appeal may affirm, amend or reverse the decision of a lower court or exceptionally it may order a new trial as where evidence has been improperly admitted or rejected. Appeals lies to the Supreme Court of the United Kingdom.
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the final appellate court in civil and criminal matters. A) Organization The court is composed of the Lord Chancellor and up to eleven Law Lords (12 Lords in total). A quorum of three is necessary to constitute the court, but usually five members sit. Each judge may deliver a separate opinion, the verdict being by majority. B) Jurisdiction The jurisdiction of the Supreme Court of the United Kingdom is almost entirely appellate. In civil matters it hears appeals from the Court of Appeal (Civil Division) in England, as well as the Court of Session in Scotland and the Court of Appeal in Northern Ireland. There is no general right of appeal: leave of the Court of Appeal or the Supreme Court of the United Kingdom itself first be obtained first. C) Leap-frogging the Court of Appeal The administration of justice Act 1969 introduced, subject to certain conditions (id est, the case must involve a point of particular legal interest and both parties to the dispute must consent to it), a new form of appeal in civil actions from the high court (or divisional Court) direct to the final appellate court, leap-frogging then the Court of Appeal.
The Queen’s (King’s) Bench Division (QBD or KBD)
1) Organization The KBD consist of the President and a staff of about 65 puisne judges (ordinary judges of a less rank than the president), who are appointed, as in the other divisions, by the Monarch on the advice of the Lord Chancellor. The Constitutional Reform Act 2005 has now created a Judicial Appointments Commission to make recommendation, after a fair and open competition, to the Lord Chancellor. 2) Jurisdiction The KBD exercises 3 types of jurisdiction: original, appellate and supervisory a) Original jurisdiction The KBD deals with all civil cases not specifically assigned to other divisions of the High Court, mainly actions in contract and tort as well as judicial review. It has three specialist courts: the Commercial Court, the Admiralty Court (dealing with cases involving ships), and Technology and Construction Court. b) Appellate jurisdiction The KBD may sit as a divisional court to hear appeal on matters about some legal points from the Crown Court and the magistrates’ court by mean of a process known as “appeal by way of case stated”. Once the legal questions or points has been resolved the case is returned for final judgment on the facts to the Crown Court or the magistrate’ court.
The Chancery Division
1) Organization The Chancery Division is presided over by the Chancellor of the High Court and has a staff of 17 puisne judges. 2) Jurisdiction Matter which used to be within the province of the Old Chancery Court remain primarily the business of the Chancery Division. Its jurisdiction includes the execution of trusts and settlements, the administration of states of deceased persons, mortgages, charges on lands, etc. In the metropolitan area of London, there is a special Bankruptcy Court and a Companies Courts for company matters as wells as a Patents Court dealing with patents, trademarks, registered designs and copyright. The Divisional Court of the Chancery Division has a limited appellate jurisdiction, consisting inter alia of the hearing of appeals from county courts in bankruptcy and land registration matters.
The Family Division
1) Organization The Family Division comprises a President and about 15 puisne judges 2) Jurisdiction The Family Division deals mainly with the following matters: matrimonial proceedings including the granting of decrees for judicial separations, the dissolution of marriages, disputes between spouses as to titles of property, proceedings for a decree of presumption of death, proceedings in relation to the wardship of minors, etc. Sitting as a Divisional Court, the Family Division principally hears appeals from magistrates’ courts and county courts in respect of proceedings concerning matrimonial causes and children.