The judiciary and the court system - Court hierarchy and jurisdiction

Learning Outcomes

This article outlines the structure of the courts in England and Wales, explaining the hierarchy and the distinct roles of civil and criminal courts. It details the concept of jurisdiction and introduces the doctrine of judicial precedent, including the significance of binding and persuasive authorities. Understanding these elements is fundamental for handling the legal system and applying legal principles correctly in assessment scenarios relevant to the SQE1 examination. You will learn to identify court levels, their powers, and how case law influences judicial decision-making.

SQE1 Syllabus

For SQE1, you need a practical understanding of the court system's structure and operation in England and Wales. This includes identifying the appropriate court for different types of cases and understanding the routes and bases for appeals. Knowledge of judicial precedent is also essential. Your revision should focus on:

• The hierarchy of the courts in England and Wales.
• The distinction between civil and criminal court jurisdiction.
• The concepts of original and appellate jurisdiction.
• The doctrine of judicial precedent (stare decisis), including ratio decidendi and obiter dictum.
• The difference between binding and persuasive precedents.
• Basic principles concerning rights of audience.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which court stands at the apex of the court hierarchy in England and Wales for both civil and criminal matters?
   1. Court of Appeal
   2. High Court
   3. Supreme Court
   4. Crown Court
2. What is the meaning of ratio decidendi?
   1. A judge's remark made in passing.
   2. The legal reasoning essential to the decision in a case.
   3. A summary of the case facts.
   4. The final verdict delivered by the court.

3. True or false: Decisions of the County Court set binding precedents for the Magistrates' Courts.

4. Which division of the High Court typically deals with complex commercial disputes, trusts, and probate matters?
   1. King's Bench Division
   2. Family Division
   3. Chancery Division
   4. Administrative Court

Introduction

A sound understanding of the court structure in England and Wales is fundamental for any prospective solicitor. This structure is hierarchical, meaning courts are organised into different levels, each with specific powers and responsibilities. This hierarchy dictates not only where cases are initially heard but also the path appeals take. Coupled with this structure is the concept of jurisdiction, which defines the authority of each court to hear particular types of cases – broadly divided into civil and criminal matters. Furthermore, the doctrine of judicial precedent ensures consistency, requiring courts to follow decisions made by higher courts. This article explores these core components, essential for approaching the SQE1 assessment.

The Court Hierarchy

The courts of England and Wales operate within a clear hierarchy. This structure is essential for the administration of justice, determining which courts have authority over others and the routes for appealing decisions. Decisions made by higher courts generally create legal precedents that lower courts must follow.

Key Term: Court Hierarchy
The ranking of courts within a legal system according to their authority, determining appellate routes and the application of precedent.

Inferior and Superior Courts

Courts are broadly classified as inferior or superior. Inferior courts handle the majority of cases at first instance and have limited geographical and/or case-value jurisdiction. Superior courts generally deal with more complex cases, appeals, and set binding precedents.

• Inferior Courts: Primarily Magistrates' Courts and County Courts.
• Senior Courts: Defined by the Senior Courts Act 1981 as the Court of Appeal, High Court, and Crown Court.
• Supreme Court: The final court of appeal, sitting above the Senior Courts.

Civil and Criminal Courts

The court system differentiates between civil and criminal matters, although some courts handle both.

Key Term: Jurisdiction
The legal power and authority of a court to hear and decide a specific type of case or dispute.

Civil Courts

Civil courts resolve disputes between individuals, companies, or other organisations. The main civil courts are:

• County Court: Handles the majority of civil claims, including contract disputes, tort claims (like personal injury), and land matters, generally up to a certain financial value. Claims are allocated to different 'tracks' (small claims, fast track, multi-track) depending on value and complexity.
• High Court: Deals with more complex and high-value civil cases. It has three divisions: King's Bench (contract, tort, judicial review via the Administrative Court), Chancery (business law, trusts, probate, land), and Family (complex family matters, appeals from Family Court). It has both original and appellate jurisdiction.
• Court of Appeal (Civil Division): Hears appeals from the High Court and, in some instances, the County Court and certain tribunals.
• Supreme Court: The final court of appeal for civil cases from England and Wales (and the rest of the UK).

Criminal Courts

Criminal courts deal with prosecutions brought by the state (usually via the Crown Prosecution Service) against individuals accused of committing criminal offences.

• Magistrates' Courts: Deal with virtually all criminal cases at first instance. They handle summary offences (less serious crimes), some triable-either-way offences (mid-range seriousness), and preliminary hearings for indictable-only offences (most serious crimes). They also deal with bail applications and some youth justice matters.
• Crown Court: Deals with serious criminal cases (indictable-only offences like murder or rape) and triable-either-way offences sent from the Magistrates' Court (either by the magistrates or elected by the defendant). Trials usually involve a judge and jury. It also hears appeals from Magistrates' Courts.
• Court of Appeal (Criminal Division): Hears appeals against conviction and/or sentence from the Crown Court.
• Supreme Court: Hears appeals on points of law of general public importance from the Court of Appeal (Criminal Division).

Jurisdiction

Jurisdiction defines a court's authority. Key types include original and appellate jurisdiction.

Key Term: Original Jurisdiction
The authority of a court to hear a case for the first time (at first instance).

Key Term: Appellate Jurisdiction
The authority of a court to review decisions made by a lower court.

• Courts with primarily original jurisdiction: Magistrates' Court, County Court.
• Courts with both original and appellate jurisdiction: Crown Court, High Court.
• Courts with primarily appellate jurisdiction: Court of Appeal, Supreme Court.

Subject matter jurisdiction relates to the type of case (e.g., family, commercial), while geographical jurisdiction relates to the area the court covers.

Worked Example 1.1

A complex dispute arises over the ownership of patented technology valued at £5 million between two large corporations based in London and Manchester. Which court is most likely to have jurisdiction?

Answer: This is a high-value civil dispute concerning intellectual property (patents). The High Court (Chancery Division), which includes the Patents Court, would have jurisdiction. Given the value and complexity, it would likely start in the High Court rather than the County Court. The geographical location of the parties is less critical for High Court jurisdiction compared to lower courts.

The Doctrine of Judicial Precedent

The English common law system relies heavily on judicial precedent, also known by the Latin phrase stare decisis ('to stand by things decided'). This means that courts are bound by the past decisions of higher courts (and sometimes their own previous decisions) when the legal principles and material facts are similar.

Key Term: Precedent
A principle or rule established in a previous legal case that is authoritative for a court when deciding subsequent cases with similar issues or facts.

Key Term: Stare Decisis
The legal principle of determining points in litigation according to precedent. It ensures consistency and predictability in the law.

Binding and Persuasive Precedent

• Binding Precedent: A precedent from a higher court that must be followed by lower courts in the same hierarchy. The ratio decidendi (reason for the decision) of the case forms the binding element.
• Persuasive Precedent: A precedent that is not binding but may influence a judge's decision. This includes decisions from lower courts, courts in other jurisdictions, obiter dicta (things said 'by the way' in a judgment), and dissenting judgments.

Key Term: Binding Precedent
A previous court decision which must be followed by a lower (or sometimes the same level) court in subsequent similar cases.

Key Term: Persuasive Precedent
A previous court decision or legal reasoning that a court may consider but is not obliged to follow.

Ratio Decidendi and Obiter Dictum

Only the ratio decidendi of a judgment is binding. This is the core legal principle or rule necessary for the decision reached in the case, based on the material facts. Obiter dicta are other remarks made by the judge(s) that are not essential to the decision. While not binding, obiter comments, especially from senior judges, can be highly persuasive.

Key Term: Ratio Decidendi
The legal principle or rule upon which the decision in a specific case is based; the essential reasoning forming the binding part of a precedent.

Key Term: Obiter Dictum
A judge's statement in a judgment that is not essential to the decision and therefore not legally binding as precedent (plural: obiter dicta).

Hierarchy and Precedent

• Supreme Court: Binds all lower courts. Since 1966 (Practice Statement [1966] 1 WLR 1234), it can depart from its own previous decisions when it appears right to do so, although this power is used sparingly to maintain certainty.
• Court of Appeal: Binds all lower courts (High Court, Crown Court, County Court, Magistrates' Court). It is generally bound by its own previous decisions (horizontal stare decisis), subject to limited exceptions established in Young v Bristol Aeroplane Co Ltd [1944] KB 718 (e.g., conflicting previous CA decisions, a previous CA decision conflicting with a later Supreme Court decision, or a decision made per incuriam - through lack of care). The Criminal Division has slightly more flexibility to depart from its own decisions where an individual's liberty is at stake.
• High Court: Binds inferior courts. Decisions made by Divisional Courts (panels of judges hearing appeals) are binding on single High Court judges hearing cases at first instance. Single High Court judges' decisions are persuasive but not strictly binding on other High Court judges.
• Crown Court, County Court, Magistrates' Court: Do not create binding precedents. Decisions of the Crown Court (a superior court) can be persuasive.

Avoiding Precedent

Judges may avoid following a precedent if they can:

• Distinguish: Find material differences between the facts of the current case and the precedent case.
• Overrule: A higher court can declare a precedent set by a lower court (or potentially its own earlier decision, in the case of the Supreme Court) as wrong, effectively invalidating it for future cases. (Note: Only superior courts can overrule precedents).
• Reverse: An appellate court overturns the decision of the lower court in the same case. This is distinct from overruling a precedent established in a different case.

Worked Example 1.2

The Court of Appeal (Civil Division) is hearing a case concerning the interpretation of a specific clause in a standard form commercial contract. There is a directly relevant precedent from a High Court decision made five years ago interpreting the same clause. There are no Supreme Court decisions on point. Is the Court of Appeal bound by the High Court decision?

Answer: No. The Court of Appeal is not bound by decisions of the High Court. Decisions of the High Court are binding on inferior courts (like the County Court) but only persuasive for the Court of Appeal. The Court of Appeal would consider the High Court's reasoning but is free to depart from it if it believes the High Court judge erred in law.

Exam Warning

Be careful not to confuse the hierarchy of courts for precedent purposes with the routes for appeal. While related, they are distinct concepts. For precedent, the key is whether the previous decision came from a court higher in the hierarchy. The specific appeal route might differ (e.g., some County Court appeals go to the High Court, others to the Court of Appeal, but Court of Appeal decisions always bind both).

Rights of Audience

Rights of audience refer to the right of a legal professional to appear before a court and represent a client (i.e., to conduct advocacy).

• Barristers: Traditionally specialized in advocacy and have full rights of audience in all courts upon qualification.
• Solicitors: Have automatic rights of audience in inferior courts (Magistrates', County Court). To appear in the Senior Courts (Crown Court, High Court, Court of Appeal) and the Supreme Court, solicitors must obtain specific 'Higher Rights of Audience' qualifications for either civil or criminal proceedings (or both).

Key Term: Rights of Audience
The entitlement of a legal professional to appear before a court, representing a client and conducting advocacy.

Summary

The English court system is hierarchical, with the Supreme Court at the apex, followed by the Court of Appeal, High Court, Crown Court, County Court, and Magistrates' Court. Jurisdiction defines which court can hear a case, based on factors like case type (civil/criminal) and seriousness or value. The doctrine of judicial precedent (stare decisis) dictates that lower courts are bound by the legal principles (ratio decidendi) established in the decisions of higher courts. Courts can distinguish precedents based on factual differences or, if higher up, overrule incorrect precedents. Rights of audience determine which legal professionals can represent clients in specific courts.

Key Point Checklist

This article has covered the following key knowledge points:

• The structure of the English court hierarchy, from Magistrates'/County Courts up to the Supreme Court.
• The distinct roles and jurisdictions of civil courts (County Court, High Court (KB, Ch, Fam), CA Civil, Supreme Court) and criminal courts (Magistrates', Crown Court, CA Criminal, Supreme Court).
• The difference between original jurisdiction (hearing cases first) and appellate jurisdiction (hearing appeals).
• The doctrine of judicial precedent (stare decisis) and its importance for legal certainty.
• The distinction between the binding ratio decidendi and persuasive obiter dicta in judgments.
• How the court hierarchy determines which precedents are binding (vertical stare decisis) and when courts are bound by their own decisions (horizontal stare decisis).
• Methods for avoiding precedent: distinguishing, overruling, reversing.
• The basic principles regarding rights of audience for solicitors and barristers.

Key Terms and Concepts

• Court Hierarchy
• Jurisdiction
• Original Jurisdiction
• Appellate Jurisdiction
• Precedent
• Stare Decisis
• Binding Precedent
• Persuasive Precedent
• Ratio Decidendi
• Obiter Dictum
• Rights of Audience