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Summary Civil Justice System
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Summary of 4 pages for the course Law at BU (Revision Notes)
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Civil Justice System 2 – The Courts and Administration of JusticeCivil Courts
Legal person brings claim against another legal person (legal person = individual/company/state agency)
To obtain a remedy – based on other party doing something unlawful
Outcome: claim upheld or dismissed – court gives judgement for Claimant/Defendant
Remedy: damages (compensation), injunction (order that party does/stops doing something), declaration
Purpose of judgement: to put party in position would have been in but for lawful action (not to punish D)
Person bringing claim is Claimant (used to be called Plaintiff). Claimant + Defendant = both parties
To obtain a remedy – based on other party doing something unlawful (not illegal)
Standard of proof: ‘balance of probabilities’ – one party more likely to be right that then other
Burden of proof: on Claimant Means: if evidence so evenly balanced can’t decide – claim is dismissed
Outcome is to compensate person who suffered loss/inconvenience
Different ways of classifying the law/the courts
Criminal law: State prosecutes to enforce criminal law
Private law civil claims: 2 or more legal individuals in dispute, seeking an adjudication from the court
Public law civil claims: Judicial Review – is a way of an individual challenging lawfulness of state/public body
Best interest jurisdictions: cases about children + adults without capacity
o Family Courts – Court of Protection
The High Court
Family Divisions deals with custody, guardianship, maintenance matters
Chancery Division deals with property, probate, IP, insolvency matters
Queen’s Bench Division deals with high value tort, defamation, contract + debt claims
Each division has appellate function > Divisional Court of the Family/QB/Chancery Division
The Court of Appeal – Established by Judicature Act 1873
2 divisions: Criminal and Civil Divisions. About a 7:1 (criminal v civil) appeal application ratio
CA has the heaviest workload of all the appeal courts
Civil Division headed up by Master of the Rolls
AJA 1999 makes changes to civil appeals rules
S. 54 – permission to appeal needs to be obtained at all levels
S. 55 – only one level of appeal to the courts (in normal circumstances)
o Some exceptions to s. 55
Rule of precedent in the Court of Appeal (Civil Division)
Court of Appeal (Civil Division) – bound by its own decisions
o Young v Bristol Aeroplane (1946) states the exceptions to the rule
o Per incuriam (in ignorance of the relevant law)
o Previous conflicting decisions
o Later, conflicting HoL/ Supreme Court’s decisions
Exception added subsequently: ‘manifestly wrong’
o R (on the application of Kadhim) v Brent London Borough Housing Benefit Review Board (2011)
By contrast, note that Court of Appeal (Criminal Division) is not bound by its own decisions
o Flexible to allow protection of liberty
The Supreme Court
Formally ‘House of Lords’ often referred to as if one court, but comprises diff committees of parliament
Was final court of appeal in criminal + civil matters for England, Wales + N. Ireland
Largely selected its own caseload from those who petition for leave to appeal
2011 received 208 permissions to appeal, it refused 143 + heard 81
Caseload = predominantly civil rather than criminal
Its business has transferred to the Supreme Court from Oct 2009
Appellate Committee of the House of Lords + Judicial Committee of the Privy Council
12 Justices of the Supreme Court (inc 2 women Lady Hale + Lady Black from Oct 2017)
Lady Hale was appointed President of The Supreme Court, succeeding Lord Neuberger of Abbotsbury
Highest court in the land, but
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