The judiciary and the court system - Key courts and tribunals

Learning Outcomes

After reading this article, you will be able to identify the main courts and tribunals in England and Wales, explain their hierarchy and functions, and distinguish their respective jurisdictions. You will also be able to apply this knowledge to SQE1-style scenarios, including determining the appropriate forum for different types of cases and understanding the relationship between courts and tribunals.

SQE1 Syllabus

For SQE1, you are required to understand the structure and function of the judiciary and the court system in England and Wales. In your revision, focus on:

  • the hierarchy and roles of the main courts (Supreme Court, Court of Appeal, High Court, Crown Court, County Court, Magistrates’ Court, Family Court)
  • the appellate and first instance jurisdictions of each court
  • the function and structure of the tribunal system, including First-tier and Upper Tribunals
  • how to determine the appropriate court or tribunal for a given case
  • the relationship between courts and tribunals in the administration of justice

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 is the final court of appeal for both civil and criminal cases in England and Wales?
  2. What is the main difference between the jurisdiction of the Crown Court and the Magistrates’ Court?
  3. Which court would typically hear a high-value commercial dispute at first instance?
  4. Name two types of cases commonly heard by tribunals rather than courts.

Introduction

The judiciary and court system of England and Wales form a structured hierarchy responsible for the administration of justice. Understanding the functions, jurisdictions, and relationships between courts and tribunals is essential for SQE1. This article outlines the key courts, their hierarchy, and the role of tribunals in resolving legal disputes.

The Judicial Hierarchy

The judiciary is made up of various types of judges, each with specific powers and responsibilities. Judges are organised in a hierarchy, with more senior judges presiding in higher courts and having greater authority.

Key Term: judiciary
The judiciary refers to the body of judges who interpret and apply the law in courts and tribunals.

Key Term: judicial hierarchy
The judicial hierarchy ranks judges according to their powers and responsibilities, with senior judges sitting in higher courts.

The Court Structure

The court system in England and Wales is hierarchical. Each court has a defined role, and decisions of higher courts are binding on lower courts.

Key Term: court hierarchy
The court hierarchy is the ranking of courts according to their authority, with higher courts binding lower courts.

Supreme Court

The Supreme Court is the highest court in the United Kingdom. It hears appeals on points of law of general public importance from the Court of Appeal (Civil and Criminal Divisions) and, in some cases, from the High Court. Its decisions are binding on all lower courts.

Court of Appeal

The Court of Appeal is divided into two divisions:

  • Civil Division: Hears appeals from the High Court, County Court, and certain tribunals.
  • Criminal Division: Hears appeals from the Crown Court.

The Court of Appeal only hears appeals; it does not hear cases at first instance.

High Court

The High Court deals with complex and high-value civil cases. It is divided into three divisions:

  • Queen’s Bench Division: Handles contract, tort, and judicial review cases.
  • Chancery Division: Deals with equity, trusts, company law, and insolvency.
  • Family Division: Handles complex family law matters.

The High Court also hears some appeals from lower courts and tribunals.

Crown Court

The Crown Court deals with serious criminal cases, including indictable offences and appeals from the Magistrates’ Court. Trials are presided over by a judge and, for indictable offences, a jury.

County Court

The County Court handles most civil litigation, including small claims, personal injury, and housing disputes. It is a court of first instance for civil matters of lower value or complexity.

Magistrates’ Court

The Magistrates’ Court deals with summary criminal offences, preliminary hearings for more serious offences, and some civil matters. Magistrates may be legally qualified District Judges or lay magistrates advised by a legal adviser.

Family Court

The Family Court hears most family law cases, including divorce, child arrangements, and care proceedings. Complex or international cases may be transferred to the Family Division of the High Court.

The Tribunal System

Tribunals operate alongside the court system to resolve specialised disputes, often involving administrative or regulatory law.

Key Term: tribunal
A tribunal is a specialist judicial body that resolves disputes in specific areas, such as tax, immigration, or employment.

First-tier Tribunal

The First-tier Tribunal is divided into chambers, each focusing on a particular subject area, such as:

  • Social Entitlement (e.g., welfare benefits)
  • Health, Education and Social Care
  • Tax
  • Immigration and Asylum

Upper Tribunal

The Upper Tribunal hears appeals from the First-tier Tribunal and is divided into corresponding chambers. It also has limited judicial review powers in certain matters.

Employment Tribunal and Employment Appeal Tribunal

Employment Tribunals hear disputes about employment rights. Appeals from Employment Tribunals are heard by the Employment Appeal Tribunal.

Appellate and First Instance Jurisdiction

Key Term: appellate jurisdiction
Appellate jurisdiction is the power of a court to hear appeals from lower courts or tribunals.

Key Term: first instance jurisdiction
First instance jurisdiction is the authority of a court to hear a case for the first time, as opposed to on appeal.

Determining the Appropriate Forum

The choice of court or tribunal depends on the type of case, its value, and complexity:

  • High-value or complex civil cases: High Court
  • Lower-value civil cases: County Court
  • Serious criminal cases: Crown Court
  • Less serious criminal cases: Magistrates’ Court
  • Specialist disputes (e.g., tax, immigration): Relevant tribunal

Worked Example 1.1

A client wishes to challenge a government department’s refusal to grant a licence. Which forum is appropriate?

Answer: The client should apply for judicial review in the Administrative Court, part of the Queen’s Bench Division of the High Court.

Worked Example 1.2

A taxpayer disputes a tax assessment by HMRC. Where should the dispute be heard?

Answer: The taxpayer should appeal to the First-tier Tribunal (Tax Chamber). If dissatisfied, they may appeal to the Upper Tribunal.

Worked Example 1.3

A defendant is charged with theft, an indictable offence. Where will the trial take place?

Answer: The trial will be held in the Crown Court, presided over by a judge and decided by a jury.

The Role of Precedent

Decisions of higher courts bind lower courts. The Supreme Court’s decisions are binding on all other courts. The Court of Appeal’s decisions are binding on the High Court, County Court, and Crown Court. This ensures consistency in the law.

Summary

The court system of England and Wales is hierarchical, with each court and tribunal having defined roles and jurisdictions. The Supreme Court is the final court of appeal. The Court of Appeal, High Court, Crown Court, County Court, Magistrates’ Court, and Family Court each serve specific functions. Tribunals provide specialist forums for particular types of disputes. Understanding the structure and jurisdiction of these bodies is essential for determining the correct forum for legal proceedings and for applying the doctrine of precedent.

Key Point Checklist

This article has covered the following key knowledge points:

  • The judiciary is organised in a hierarchy, with senior judges in higher courts.
  • The court system is hierarchical, with each court having defined roles and jurisdictions.
  • The Supreme Court is the highest court and its decisions bind all lower courts.
  • The Court of Appeal hears appeals from the High Court, Crown Court, County Court, and certain tribunals.
  • The High Court is divided into three divisions, each specialising in different areas of law.
  • The Crown Court deals with serious criminal cases; the Magistrates’ Court handles less serious criminal matters.
  • The County Court and Family Court handle most civil and family cases at first instance.
  • Tribunals provide specialist forums for resolving disputes in areas such as tax, immigration, and employment.
  • The doctrine of precedent ensures consistency, with lower courts bound by decisions of higher courts.

Key Terms and Concepts

  • judiciary
  • judicial hierarchy
  • court hierarchy
  • tribunal
  • appellate jurisdiction
  • first instance jurisdiction
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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

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