The judiciary and the court system - The High Court

Learning Outcomes

After studying this article, you will be able to explain the structure and divisions of the High Court, identify its original and appellate jurisdiction, and understand its key functions in civil justice, precedent, and judicial review. You will also be able to distinguish the roles of the King's Bench, Chancery, and Family Divisions, and recognise the High Court's influence on legal development—knowledge essential for SQE1.

SQE1 Syllabus

For SQE1, you are required to understand the High Court’s role within the court system of England and Wales. Focus your revision on:

  • the structure and divisions of the High Court (King’s Bench, Chancery, Family)
  • the original, appellate, and supervisory jurisdiction of the High Court
  • the types of cases heard by each division
  • the High Court’s role in precedent and judicial review
  • the relationship between the High Court and other courts in the hierarchy

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 three main divisions make up the High Court, and what is the primary focus of each?
  2. What is the difference between the original and appellate jurisdiction of the High Court?
  3. In what types of cases does the High Court exercise supervisory jurisdiction?
  4. How does the High Court contribute to the development of legal precedent in England and Wales?

Introduction

The High Court of England and Wales is a senior court with wide-ranging powers and responsibilities. It is a key part of the civil justice system, hearing complex and high-value cases, appeals, and supervising lower courts and public bodies. Understanding its structure, functions, and influence is essential for SQE1.

The Structure of the High Court

The High Court is divided into three main divisions, each with its own specialist areas:

  • King’s Bench Division
  • Chancery Division
  • Family Division

Each division is led by a senior judge and contains specialist courts to handle particular types of cases.

Key Term: High Court The High Court is a senior court in England and Wales with authority to hear complex civil cases, appeals, and judicial review applications.

The Divisions of the High Court

King’s Bench Division

The King’s Bench Division (KBD) deals with a broad range of civil disputes, including contract and tort claims, and has specialist courts for commercial, construction, and technology matters. It also hears applications for judicial review and some criminal appeals.

Key Term: King’s Bench Division The division of the High Court handling civil claims in contract, tort, commercial disputes, and judicial review.

Specialist courts within the KBD include:

  • Commercial Court (complex business disputes)
  • Technology and Construction Court (TCC)
  • Admiralty Court (shipping and maritime cases)

Chancery Division

The Chancery Division focuses on cases involving equity, such as trusts, estates, company law, insolvency, and intellectual property.

Key Term: Chancery Division The division of the High Court specialising in equity, trusts, company law, insolvency, and intellectual property disputes.

Specialist courts within the Chancery Division include:

  • Companies Court
  • Patents Court
  • Bankruptcy Court

Family Division

The Family Division hears complex family law cases, including those involving international elements, child abduction, and cases requiring the court’s implicit jurisdiction.

Key Term: Family Division The division of the High Court dealing with complex family law matters, including divorce, child welfare, and international family disputes.

Jurisdiction of the High Court

The High Court exercises three main types of jurisdiction:

  • Original jurisdiction: Hearing cases for the first time, usually complex, high-value, or of public importance.
  • Appellate jurisdiction: Hearing appeals from lower courts or certain tribunals.
  • Supervisory jurisdiction: Overseeing lower courts and public bodies, mainly through judicial review.

Key Term: original jurisdiction The authority of a court to hear a case at first instance, before any appeal.

Key Term: appellate jurisdiction The authority of a court to hear and decide appeals from lower courts or tribunals.

Key Term: supervisory jurisdiction The power of a higher court to review the lawfulness of decisions or actions of lower courts and public bodies.

Worked Example 1.1

A claimant brings a complex commercial contract dispute worth £250,000. Which division of the High Court is likely to hear the case?

Answer: The King’s Bench Division, specifically the Commercial Court, would usually hear high-value and complex commercial contract disputes.

Worked Example 1.2

A company is facing insolvency proceedings. Which division of the High Court will deal with the case?

Answer: The Chancery Division, which handles company law and insolvency matters.

The High Court and Precedent

Decisions of the High Court set binding precedents for lower courts and are persuasive for other High Court judges. The High Court is bound by decisions of the Court of Appeal and Supreme Court.

Key Term: precedent A previous judicial decision that must be followed by lower courts in similar cases.

Key Term: binding precedent A precedent that a court is legally obliged to follow.

Key Term: persuasive precedent A precedent that a court may consider and follow, but is not obliged to do so.

The High Court’s Role in Judicial Review

The High Court, mainly through the King’s Bench Division (Administrative Court), hears applications for judicial review. Judicial review allows the High Court to supervise the lawfulness of decisions made by public bodies.

Key Term: judicial review A procedure by which the High Court reviews the lawfulness of decisions or actions of public authorities.

Worked Example 1.3

A local authority refuses to grant planning permission, and the applicant believes the decision was unlawful. What is the proper route to challenge the decision?

Answer: The applicant may apply for judicial review in the High Court (Administrative Court) to challenge the lawfulness of the local authority’s decision.

The High Court’s Appellate Role

The High Court hears appeals from:

  • County Court (on points of law)
  • Magistrates’ Court (in some civil matters)
  • Certain tribunals

Appeals are usually heard by a single High Court judge or a Divisional Court (two or more judges).

The High Court’s Supervisory Role

The High Court can supervise lower courts and public bodies, ensuring they act within their legal powers. This includes issuing orders such as:

  • Quashing orders (setting aside unlawful decisions)
  • Mandatory orders (requiring a body to act)
  • Prohibiting orders (preventing unlawful action)

The High Court in Practice

The High Court sits mainly in London at the Royal Courts of Justice, but also at district registries across England and Wales. Cases are allocated to the appropriate division based on subject matter and complexity.

Exam Warning

The High Court and County Court have concurrent jurisdiction for many civil cases. For SQE1, remember that high-value or complex cases may be started in either court, but the High Court is reserved for the most serious or complex matters.

Revision Tip

For SQE1, focus on the main functions of each division and the types of cases they hear. Be able to identify which division is appropriate for a given scenario.

Key Point Checklist

This article has covered the following key knowledge points:

  • The High Court is a senior court with three main divisions: King’s Bench, Chancery, and Family.
  • Each division specialises in different types of civil cases.
  • The High Court has original, appellate, and supervisory jurisdiction.
  • The High Court hears complex, high-value, or important civil cases, certain appeals, and judicial review applications.
  • High Court decisions set binding precedents for lower courts and are persuasive for other High Court judges.
  • The High Court’s Administrative Court is the main forum for judicial review of public bodies.

Key Terms and Concepts

  • High Court
  • King’s Bench Division
  • Chancery Division
  • Family Division
  • original jurisdiction
  • appellate jurisdiction
  • supervisory jurisdiction
  • precedent
  • binding precedent
  • persuasive precedent
  • judicial review
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