Civil Law 2


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Civil Law 2

  1. 1. Appeals<br />
  2. 2. Appellate Courts<br />These are the courts which hear appeals from lower courts.<br />The main appellate courts are the Divisional Courts, the Court of Appeal and the House of Lords.<br />
  3. 3. Divisional Courts<br />The most important of the Divisional Courts is the Queen’s Bench Divisional Court. This has two main functions:<br />It hears appeals by way of case stated from criminal cases decided in the Magistrates Court.<br />It has supervisory powers over inferior courts and tribunals and also over the actions and decisions of public bodies and Government Ministers. This is known as “judicial review”<br />
  4. 4. Divisional Courts<br />Chancery Divisional Court<br />This deals with only a small number of appeals, mainly from decisions made by Tax Commissioners on the payment of tax and appeals from decisions of the County Court in bankruptcy cases.<br />
  5. 5. Divisional Courts<br />Family Divisional Court<br />The main function of this court is to hear appeals from the decisions of the magistrates regarding family matters and order affecting children.<br />
  6. 6. Court of Appeal<br />The Court of Appeal was set up by the Judicature Act 1873 and was initially intended to be the final court of appeal. <br />The House of Lords was reinstated as the final court of appeal by the Appellate Jurisdiction Act 1876.<br />
  7. 7. Court of Appeal<br />The Court of Appeal has 2 divisions: Criminal and Civil.<br />There are 37 Lord Justices of Appeal and each division is presided over by its own head.<br />The Civil Division is the main appellate court for civil cases and it is headed by the Master of the Rolls.<br />
  8. 8. Court of Appeal<br />The Court of Appeal (Civil Division) mainly hears appeals from the following courts:<br /><ul><li>All three divisions of the High Court
  9. 9. The County Court for multi-track cases
  10. 10. The Immigration Appeal Tribunal
  11. 11. Some tribunals, especially the Lands Tribunal</li></li></ul><li>Court of Appeal<br />Permission to appeal is required in most cases.<br />It can be granted by the lower court where the decision was made or by the Court of Appeal.<br />It will only be granted if the court believes it has a real prospect of success or there is a compelling reason it should be heard.<br />Permission is not needed where liberty is at stake, i.e. A prison sentence has been given<br />
  12. 12. The House of Lords<br />This was the final appeal court in the English Legal System, until the Supreme Court came into being. The following slides are what used to happen – you still need to know this.<br />It hears directly from the Court of Appeal, Divisional Courts and, on rare occasions, direct from the High Court under what are called the “leapfrog” provisions.<br />Appeals are heard by the Lords of Appeal in Ordinary (the Law Lords), usually by a panel of 5, but sometimes 7. (see Pepper v Hart (1993))<br />
  13. 13. The House of Lords<br />Permission to appeal is needed from the Court of Appeal of the Divisional Courts.<br />Under the Administration of Justice (Appeals) Act 1934 this leave can be given by either the House of Lords or the lower court.<br />Statistics in 2005 show that out of 255 cases leave to appeal to the House of Lords was given in only 79.<br />
  14. 14. The House of Lords<br />In leapfrog cases from the High Court, under the Administration of Justice Act 1969, the House of Lords must give permission and the trial judge must also grant a certificate of satisfaction.<br />This will only be done if the case involves a point of law of general public importance – either involving the interpretation of a statute or is one where the trial judge is bound by a previous decision of the Court of Appeal.<br />
  15. 15. The Supreme Court<br />The role of this court is the same as the House of Lords<br />
  16. 16. Appeal routes in Civil Cases<br />
  17. 17. Appeals from County Court<br />This is set out in Part 52 of the Civil Procedure Rules. This means that generally:<br /><ul><li> for fast track cases dealt with by a District Judge the appeal is heard by a Circuit judge
  18. 18. for fast track cases dealt with by a Circuit judge the appeal is heard by a High Court judge
  19. 19. for final decisions in multi-track cases heard in the County Court the right of appeal is to the Court of Appeal.</li></li></ul><li>Appeals from County Court<br />In October 2000 appeals against decisions in small claims cases became possible. This right of appeal was introduced in order to comply with Article 6.<br />
  20. 20. Appeals from High Court<br />From a decision in the High Court the appeal usually goes to the Court of Appeal (Civil Division)<br />In rare cases there may be a leapfrog appeal direct to the House of Lords.<br />Leapfrog Appeal<br />
  21. 21. Activities<br />Research on the internet how the Supreme Court has taken over from the House of Lords, include details of how this has changed the appeals system.<br />Research a case which is currently waiting to be heard by the Supreme Court. Make notes on this.<br />Answer the following exam question:<br />Ned Flanders was seriously injured at Springfield bowling alley. A shelf collapsed, causing a heavy bowling ball to fall onto his foot and crush several bones. He wishes to sue the bowling alley.<br />With reference to Ned’s situation, explain the track system and how cases are allocated to different courts in civil cases.<br />Consider the extent to which the Woolf Reforms have improved the civil justice system.<br />