Notes & Practice on English Legal System

What are the different jurisdictions within the United Kingdom?

The United Kingdom consists of multiple legal jurisdictions, including

(a) England and Wales,

(b) Scotland, and

(c) Northern Ireland.

England and Wales are often referred to jointly as they form the constitutional successor to the former Kingdom of England.

What is the “West Lothian Question”?

The “West Lothian Question” refers to the constitutional issue that arose after devolution in the United Kingdom. It highlights the inconsistency where Members of Parliament (MPs) representing Scottish, Northern Irish, and Welsh constituencies can vote on laws that only affect England, while MPs representing English constituencies have no voting rights on matters within the exclusive competence of the Scottish Parliament. The question was partially addressed in 2015 with the implementation of “English Votes for English Laws,” requiring consent from a Legislative Grand Committee composed of English-only or English and Welsh MPs for government bills on devolved issues affecting England or England and Wales.

What are Statutory Instruments?

Statutory Instruments are a type of legislation that enables the provisions of an existing Act of Parliament to be put into effect or modified without requiring the passing of a new Act. They are also known as secondary, delegated, or subordinate legislation. Parliament delegates the power to create rules and regulations to other authorities, allowing them to give practical effect to legislation. Statutory instruments have the force of law and cover areas such as the implementation, operation, and transition provisions of an Act.

What is the “Ponsonby Rule,” and does it have statutory footing?

The “Ponsonby Rule” is a constitutional convention in the United Kingdom that states draft treaties should be presented to Parliament for a period of 21 days before ratification. Part II of the Constitutional Reform and Governance Act 2010 (CRAIG) has given the “Ponsonby Rule” a statutory basis. It requires all international treaties subject to ratification by the UK Government to be laid before Parliament for 21 sitting days, during which both Houses can resolve not to ratify the treaty. If no resolution is passed within the 21-day period, the government can proceed with ratification. CRAIG also mandates that treaties laid before Parliament should be accompanied by an explanatory memorandum. The Act allows for extensions to the 21-day period upon request and provides alternative procedures in exceptional cases where a Minister believes ratification should occur without following the normal procedures.

What matters are dealt with in the County Court and who deals with those matters?

The County Court handles civil cases, including claims related to consumer rights, compensation for faulty goods or services, landlord-tenant disputes, and unpaid wages. Circuit Judges or Recorders (part-time judges) generally preside over the full jurisdiction of the County Court. District Judges handle interim matters and trials with a financial value not exceeding £25,000.

What factors will the court consider when allocating a case to a track?

The court considers several factors when allocating a case to a track. These include the financial value of the claim, the nature of the remedy sought, the complexity of the facts, law or evidence, the number of parties involved, any counterclaim and its complexity, the amount of oral evidence required, the importance of the claim to non-parties, the views expressed by the parties, and the circumstances of the parties. The court can also re-allocate a claim to a different track after the initial allocation.

What are the most common types of cases allocated to the Small Claims track and who will generally hear such cases?

The Small Claims track commonly deals with cases involving consumer rights, compensation for faulty goods or services, landlord-tenant disputes, and unpaid wages. These cases are generally heard by a District Judge. Appeals from the judgment or order of a District Judge in the Small Claims track can be made to a Circuit Judge in the County Court with permission from the District Judge or by application to a Circuit Judge in the County Court.

What are the criteria for cases allocated to the Fast track?

Cases are allocated to the Fast track when they are not suitable for the Small Claims track, have a financial value between £10,000 and £25,000, are expected to last one day or less, and require expert evidence in up to two expert areas. Examples include personal injury claims, misrepresentation claims with complex issues, or debt actions for payment of goods supplied. The Fast track provides a streamlined procedure for medium-sized cases that do not require extensive preparation.

What are the criteria for cases allocated to the Multi-track?

Cases are allocated to the Multi-track if they are not suitable for the Fast Track or Small Claims Track. Multi-track cases are typically contractual disputes worth over £25,000, complex commercial cases with values in the millions, or cases with significant public importance. They can be heard in the County Court by a Circuit Judge or in the High Court. Examples of claims suitable for the High Court include professional negligence, fraud, defamation, and contentious probate.

What cases are dealt with in the Queen’s Bench Division?

The Queen’s Bench Division handles a wide range of civil cases and is the largest division. It deals with multi-track claims for damages based on common law civil actions, such as breach of contract and tort. The Administrative Court within the Queen’s Bench Division hears judicial review applications challenging government decisions. The Divisional Court of the Queen’s Bench Division hears appeals on points of law from lower courts. The Commercial Court, Admiralty Court, and Administrative Court are also part of the Queen’s Bench Division.

What cases are dealt with in the Chancery Division?

The Chancery Division primarily handles claims related to land contracts, trusts, administration of estates, contested wills, winding up of companies, mortgages, charities, intellectual property, and confidentiality. It also deals with taxation appeals and appeals from the County Court on bankruptcy and land matters. The Companies Court, which is part of the Chancery Division, focuses on company liquidation proceedings.

What cases are dealt with in the Family Division?

The Family Division handles family proceedings and non-contentious probate matters. However, most family law matters are now dealt with by the Family Court. The Family Division of the High Court retains jurisdiction over cases involving the inherent jurisdiction of the High Court, such as adoption, wardship, vulnerable adults, and international cases related to the Hague Convention or EC Regulation 2201/2003 (Brussels II bis). Decisions of the Family Division can involve sensitive issues, such as life and death situations, and may be controversial.

Where is an appeal from the High Court heard?

Appeals from the High Court are usually heard in the Court of Appeal in civil procedures. Appeals from a Master are first escalated to a High Court Judge and subsequently to the Court of Appeal. Permission to appeal is required and will only be given if the appeal has a real prospect of success or there is another compelling reason to hear the appeal. However, permission is not required in certain cases such as committal orders or granting/refusal of a writ of habeas corpus.

What is a “leapfrogging” procedure?

The “leapfrogging” procedure allows certain cases to bypass the Court of Appeal and be heard directly by the Supreme Court. This applies when a case involves a point of law of general public importance, interpretation of a statute, or when a trial judge is bound by a previous decision of the Court of Appeal or the Supreme Court. The Supreme Court can hear the case directly from the High Court, eliminating the delay and expense of going through the Court of Appeal. The Criminal Justice and Courts Act 2015 introduced alternative conditions for using this procedure. Additionally, appeals from the Upper Tribunal, Employment Appeals Tribunal, and Special Immigration Appeals Commission can also use the “leapfrogging” procedure.

What is the highest appellate court in the United Kingdom?

The Supreme Court of the United Kingdom is the highest appellate court in the country. However, for Scottish criminal cases, the High Court of Justiciary in Scotland serves as the Supreme Court. The Supreme Court has jurisdiction over disputes related to devolution and the legal powers of the devolved governments. Either the claimant or defendant in a case may appeal to the Supreme Court from a decision of the Court of Appeal. An application for permission to appeal must first be made to the lower court, and the Supreme Court can only be approached after the lower court has refused permission. The application must be filed within 28 days of the order or decision to be appealed. The Supreme Court grants leave to appeal if the case raises an arguable point of law of general public importance. There is also a “leapfrogging” procedure allowing important cases to go directly from the High Court to the Supreme Court without going through the Court of Appeal, if the case involves a point of law of general public importance.

Who hears cases in the Magistrates courts?

Magistrates’ courts are made up of either three lay magistrates (known as ‘Justices’) or full-time District Judges. In Central London, most cases are heard by a single District Judge.

What cases does the Crown Court deal with? 

The Crown Court deals with the most serious criminal offenses that are tried by judge and jury. It also handles appeals from the Magistrates’ Court, as well as convictions in the Magistrates’ Court referred for sentencing. There is one single Crown Court, divided into around 90 centers throughout England and Wales.

Explain the process of jury selection.

Jurors are selected at random by computer from the electoral register. Eligible individuals aged 18 to 75, who have been residents in the UK for at least five years since the age of 13, can be selected. Certain disqualifications apply, such as those who have been sentenced to imprisonment for five years or more, received a prison sentence or community service order in the previous 10 years, placed on probation in the previous five years, on bail in criminal proceedings, lack mental capacity, or are restricted under the Mental Health Act. The trial can continue with a minimum of nine jurors if one is discharged or deceased.

Which are the criminal appellate courts?

The criminal appellate courts are the Crown Court, the High Court (Queen’s Bench Division), the Court of Appeal (Criminal Division), and the Supreme Court of the United Kingdom.

Which cases may appeal to the Crown Court?

A defendant convicted in a Magistrates’ Court following a plea of not guilty can appeal against conviction or sentence, or both, to the Crown Court. A person who pleaded guilty in a Magistrates’ Court may appeal against their sentence to the Crown Court, but not against conviction unless there are grounds to challenge the guilty plea. Notice of appeal must be given in writing within 21 days, briefly stating the grounds for the appeal. The appeal takes the form of a complete re-hearing, allowing for the presentation of new or previous evidence.

Who may appeal to the Supreme Court and on what basis may such an appeal be made?

Either the prosecution or the defense may appeal to the Supreme Court of the United Kingdom regarding a decision of the Criminal Division of the Court of Appeal. To do so, the Court of Appeal must certify that the decision involves a point of law of general public importance, and either the Court of Appeal or the Supreme Court must grant leave to appeal.

What are summary offences?

Summary offences are minor offenses that are tried in a Magistrates’ Court. Examples include most road traffic offenses (excluding dangerous driving), drunkenness, common assault, and prostitution. Once a defendant pleads guilty, the Magistrates’ Court proceeds to sentence. If the defendant pleads not guilty, the matter is adjourned for a pre-trial review, and a date is set for the summary trial.

What are indictable-only offences?

Indictable-only offences are serious crimes that can only be tried by a judge and jury in the Crown Court. Examples include murder, rape, manslaughter, grievous bodily harm, and robbery. The defendant is initially brought before the Magistrates’ Court, where the proceedings are transferred to the Crown Court for trial.

What are either-way offences?

Either-way offences can be tried either summarily in the Magistrates’ Court or on indictment in the Crown Court, depending on the defendant’s choice. The seriousness of these offenses is not solely indicated by the name of the offense. Examples include theft, drugs offenses, and certain violent offenses. If a defendant is charged with an either-way offense, both the Magistrates and the defendant can agree to have the offense dealt with summarily. Alternatively, the matter can be referred to the Crown Court for a mode of trial hearing, where a decision is made on which court will handle the case.

Stay tuned for more notes ………