Courts

• Hierarchy of courts


  Supreme court ➡️ Criminal CoA, Civil CoA ➡️ Crown court, High court ➡ Magistrates court, County court
• Civil courts


  Handle civil claims - Generally based in contract law, tort law, employment law & land/property disputes between people or companies
• A judge in the civil courts decide:

  Liability, The compensation payable, Any other remedy requestedWho should pay the costs of the case
• Civil court of appeal


  Type of appeal depends on which judge hears the case at first instance, Hear all appeal cases on civil matters
• What are the civil CoA Judges called?


  Lord Justices of AppealThey sit in 3s
• What is the highest civil CoA court?

  UKSC
• What are the Judges who sit in UKSC called?


  Lord of Appeal in Ordinary
• High court


  Can hear any civil matter3 divisions:Queens bench divisionChancery divisionFamily division
• What are the judges of the high court called?

  High court justices
• What are the 3 divisions of the high court?

  Queens bench divisionChancery divisionFamily division
• Queens bench division


  Hears all contract/tort cases over £100,000Usually heard by a judgeIn defamation, fraud or false imprisonment - have the option of a jury
• Chancery division


  Includes insolvency, mortgages, trust property, intellectual property, copyright & patentsAlways heard by a judge
• Family division


  Hears family matters that have international law relevance& normal family matters if they're important
• County court


  Can hear most civil casesup to £100,000
• What are the judges that sit in the county court called?

  District judgesCircuit judges(In defamation cases, can have a jury of 8)
• What are the 3 tracks called?


  Small claims trackFast trackMulti track
• Small claims track


  Heard in privateby a district judge who asks questions during the hearingClaims <£10,000personal injury: <£1,000
• Why are parties encouraged to represent themselves in small claims track?

  Because the cost of lawyerswould outweigh the claim& cost won’t be awarded
• Fast track


  Heard by a court judge in an open courtAims to have heard it within 30 weeksClaims: £10,000 - £25,000
• Multitrack


  Heard by a circuit judge who aims to keep the costs lowUsually heard in county courtClaims: £25,000 - £50,000
• Starting a case step 1 - ADR


  Try to settle casewithout going to court
• Starting a case step 2 - pre-action protocols


  sides share info through solicitorsif a side fails to disclose, may be liable for certain court costs
• Starting a case step 3 - issuing the claim


  N1 form is filed at any crown or high court,Once D received the claim:admits claim & pays,defend claim by issuing an N9 or send a defence (court allocates case to a track)
• Civil court appeals


  Usually heard by the next court in the hierarchyThere must be legal grounds for the appeal (not just the judge for it wrong)Court can agree w the OG decision or reverse it
• Civil court reform - lord Woolf


  Introduced the 3 track system - processes cases faster, keeps costs downSimplified documents & procedureP: greater cooperation between partiesC: process still slow & expensive
• Civil court advantages


  Fairness - Judges are impartial, qualified & experiencedEnforcement - decisions or orders legally binding so must be adhered toAppeals - Cases can be appealed if a party isn't happy
• Civil court disadvantages


  Cost - can be very expensive (e.g. loser pays winners fees, lawyers required)Delays - many pre-trial procedures increasing the costsComplex - procedures & paperwork involved makes it difficult for individuals to understandUncertainty - despite precedent, no guarantee of the judgement
• Criminal courts


  Try:summary offencestriable-either way offencesindictable offences
• A judge/magistrate/jury in criminal court decide:


  Whether the D is guilty or notThe sentence
• D pleads guilty


  Receives a sentence
• D pleads not guilty


  A trial to determine whether they’re guilty or not
• Who is the burden of proof on in criminal courts?

  ProsecutionMust prove guilt beyond reasonable doubt
• Criminal CoA powers


  Quash convictionVary conviction to a lesser defenceReduce sentenceOrder a retrial
• Crown court


  Try most TEW & indictable offences
• Who hears cases in crown court?


  1 judge - concern themselves in points of law (direct the jury, decide sentence)12 jurors - concern themselves on facts of the case
• Appeals by defendant (crown court)


  Made to criminal CoAAppeals against conviction or sentenceCriminal appeal act 1995
• Criminal appeal act 1995


  D must gain 'leave to appeal' which deems the case fit for appealStates an appeal may be considered for 'unsafe convictions
• Appeals by prosecution against an acquittal


  Possible where:Where the jury was ‘nobbled’ (bribed or threatened)Criminal justice act 2003 - gave the power to appeal a judges decision on a point of law e.g. Nederick & WoolinWhere there is new compelling evidence of guilt (Stephen Lawrence)
• Stephen Lawrence (appeals by prosecution)


  Due to advancement in technologyBlood found on Ds clothes found to be StephensThis allowed the Ds to be retrialed & convicted
• Magistrates court


  Where all criminal cases start for trial or sentencingTry all summary offences & some TEW offencesPreliminary matters connected to criminal cases (e.g. warrant)