The document outlines the family divisional court system in England and Wales. It begins with key terms and then describes the courts of first instance which include the county court and high court. It details the jurisdictions of the magistrates' court, county court for small, fast and multi-track claims, and the three divisions of the high court - Queen's Bench, Family and Chancery. The document then explains the appeal process from these lower courts to the court of appeal and supreme court. It provides information on when leave to appeal is required and the roles of each appellate court.

1. Family Divisional Court System
Ehsan Kabir Solicitor

2. Objectives
• Draw a diagram of the civil court structure
showing appeal route
• State the jurisdiction of each court
• Describe the appeal process
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3. Key Terms
• Claimant
• Defendant
• Jurisdiction
• Royal Courts of Justice
• Equity
• Access to Justice Act 1999
• Case stated
• Leave to Appeal
• Justices of the Supreme Court
• Delegated legislation
• Precedent
• Parties
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4. Outline of courts and appeal
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Supreme Court
Court of Appeal (Civil
Division)
High Court
County Court
(including the Small Claims Court)
Family Division
Queen’s Bench
Division
Chancery Division

5. Courts of first instance
• Civil disputes between individuals, partnerships,
companies and or local or national government
departments
• May disagree on a number of areas (family, tort,
contract etc)
• Dispute between claimant and defendant
• Claimant issues proceedings and claim sent to
defendant for response
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6. Courts of first instance
• Two main civil courts
– County Court and High Court
• Magistrates mainly a criminal court but does have
some civil jurisdiction
• These courts are known as ‘Courts of First Instance’
• Cases may be commenced and decided there
• If a party disputes the decision of the court - may
ask a higher court to reconsider - known as appeal
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7. Courts of first instance
• 216 County Courts in England and Wales
– Hear lower level civil disputes
• Trials in High Court may be in London or one of
26 High Court District Registers in England and
Wales
– Hears higher level civil cases
– Does have jurisdiction to hear all types of civil dispute
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8. Magistrates’ Court
• Jurisdiction over most family matters
• But not divorce
• Recovery of unpaid council tax
• Charges for water, gas, and electricity
• Hears appeals from local authority about
granting of licenses for gambling and sale of
alcohol
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9. County Court
• Deals with many types of civil disputes
• Including contract, tort, and divorce
• Civil cases divided into three types:
– Small claims up to £5000 – District Judges
– Fast track - £5000 - £25000 – Circuit Judge
– Multi-track over £25000 – Circuit Judge or transferred
to High Court
• Plans to increase the amounts of claims heard
by Small Claims Court and County Courts
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10. High Court
• Three divisions
– Queen’s Bench Division
– Family Division
– Chancery Division
• These are then sub-divided:
– Courts where civil claims may be issued
– Court where appeals from lower courts will be heard
• 120 High Court Judges
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11. High Court – Queen’s Bench Division
• Main court
• Deals mainly with contract and tort cases
• 74 High Court Judges sitting in this court
• Often heard in the Royal Courts of Justice in The
Strand, London
• May be heard in one of High Courts District
Registries
• Multi track cases may be heard here (due to
money, complexity or certain type of case)
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12. High Court – Family Division
• All aspects of family matters
• Divorce, related children
• Financial clams
• Adoption
• Care proceedings
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13. High Court – Chancery Division
• Historically cases in which rule of equity could be
used
• Modern version deals with
– Partnership disputes
– Company law
– Wills or trusts
– Bankruptcy sale of land
– Creation of mortgages
• 17 Judges sit in Chancery Division
• Heard at Royal Courts of Justices or at one of the
eight Chancery centers around the country
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14. Appeal Hearings
• When one party unhappy with decision and
requests a higher court to review the earlier
decision
• Access to Justice Act 1999
– Majority of appeals only allowed if either original court
or the appeal court has given authorization
– Permission only granted if it involves a matter of
importance or appeal has good chance of success
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15. High Court as an Appeal Court
• High Court both a Court of First Instance and an
appellate court
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16. High Court – Queen’s Bench Division
• Judicial review – may review decisions made by
local authorities and national government
departments and tribunals
• Judicial review is about rules of fairness in decision
making process
• Appeals on point of law by way of case stated from
Magistrates or Crown Court
– These will be criminal cases
• Unlawful detention may apply for writ of habeas
corpus
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17. High Court – Family Divisional Court
• Hears appeals of decisions made from
Magistrates and County Courts in respect of
family matters
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18. High Court – Chancery Divisional Court
• Hears appeals of decisions made in bankruptcy
and insolvency cases originally decided in
County Court
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19. The Court of Appeal
• 37 Judges (Lords Justice of Appeal) sit in CA
• Most senior is the Master of the Rolls
• CA has a Civil Division which specializes in civil
cases
• Hears appeals from
– County Court (District or Circuit Judge)
– High Court in its capacity as a court of first instance
– High Court in its position as an appellate court
– The Employment Appeal Tribunal
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20. The Court of Appeal
• Appeals generally heard by 3 – 5 judges
• May be heard by 2 judges if parties agree
• In most cases a leave to appeal is required
• Not a rehearing but a review of the case
• Barristers in Court of Appeal hearings must provide
advance copies of written and concise arguments to
court and opposing barristers
• These are called ‘skeleton arguments’
• Court will look at lower court judges decision to see
if the law has been interpreted properly
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21. The Supreme Court
• Constitutional Reform Act 2005 created the
Supreme Court to replace House of Lords
• Change took place in 2009
• Supreme Court now has no connection with
Parliament
• Has its own building, staff and budget
• Final court of appeal in civil law for England
• 12 judges called Justices of the Supreme Court
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22. The Supreme Court
• Hears about 200 cases per year
• Majority are Civil and are matters of general
public importance
• Most cases heard by 3 – 5 judges
• Leave to appeal must be obtained from original
court or Supreme Court itself
• Majority of appeals are from Civil Division of
Court of Appeal
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23. The Supreme Court
• There is a ‘leap-frog’ procedure provided by
Administration of Justice Act 1969
• If High Court Judge certifies a case suitable for
Supreme Court and Supreme Court agrees case will
go straight from High to Supreme Court
• Case must be one on a point of law
– And one of public importance with regard to the statutory
interpretation of an Act of Parliament or delegated
legislation
– And one when the trial judge is bound by precedent of the
Court of Appeal or Supreme Court
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24. The Supreme Court
• Court of Appeal has a civil and criminal division
• Hears more cases than the Supreme Court
• Court of Appeal hears 2000 cases per year (ten
times more)
• Decisions in Court of Appeal are more likely
therefore to have an impact on public
• Generally Supreme Court restricted in the cases
it decides – normally important legal issues
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25. Objectives
• Draw a diagram of the civil court structure
showing appeal route
• State the jurisdiction of each court
• Describe the appeal process
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26. Thank You
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