SQE1 Assessment Specification Summary Notes - Administrative Law & The Legal System of England and Wales
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Revise SQE Constitutional and Administrative Law
This is a summary document of SQE1 Specification for Administrative Law and the Legal System of England and Wales.
I used it to prepare for my July 2023 exams, in which I scored 74% (top 20% of candidates).
Notes done according to two Revise SQE books and BPP materials. Thanks to the summary,...
The Legal System of England and Wales and Sources of law
SQE Spec Key points
The courts: the judiciary Various types of judges that work within the English legal system
Trial jurisdiction appellate jurisdiction
District Judge – addressed as Judge!
Justices' legal advisors – paid civil servants in MC who have judicial & advisory function,
need to be legally qual, appointed by Lord Chancellor
court hierarchy,
the appeal Senior Courts
system and - Supreme Court. Point of law of public importance. Appellate jurisdiction only. When you
jurisdiction appeal to SC: permission either from CA or SC.
- CA – Civil and Criminal. Question of law cases.
- HC – 3 divisions and newer specialist courts. QBD + Chancery + Family). Doesn’t bind
itself but similar decisions must be considered. As appeal court – can bind.
- Crown Court (criminal)
Family Court and County Court
Some civil cases are also considered by tribunals – specialist judicial bodies that adjudicate
disputes in specialist areas of law (technically fall outside the formal court structure). First-
Trier, Upper Tier and Employment Tribunals.
Appeal and jurisdiction rules
- Appeal from CC to CA where conviction is unsafe. It will be when: error in summing up,
procedural irregularity, errors made by D's legal rep or where fresh evidence discovered
after trial
- Prosecution can only appeal from CC – either as AG Ref for unduly lenient sentence,
against a terminatory ruling
Appeals when trial court acted in excess of their powers and/or misapplied the law
- Way of case stated (Divisional Court of QBD of HC) – judgment wrong in law/excess of
jurisdiction. Legal arguments only. Either party can appeal from MC (or CC as appellate
court). HC may reverse/affirm/amend/send back to MC.
- JR – from MC to HC JR, treated as civil claim. Reasons: unreasonableness, ultra vires,
irrational (applied the law in an impermissible manner)
- If the case goes to HC on appeal, cannot appeal to CA need to go straight to SC
Criminal cases = if appeal by way of case stated is available preferred route
Criminal Case Review Commission – miscarriage of justice in CC/CA. Low number from MC.
, - Commission should only refer cases where there is a real possibility that the conviction,
verdict, finding or sentence would not be upheld were the reference to be made
Civil cases general rule = only one level of appeal. Only cases that raise an important point of
principle can go to CA/SC
- Civil cases – appeals from HC go to CA (unlike in criminal where you can't do that).
Permission granted from CA + matter of law or general importance
- Rare leapfrog procedure when at least one of those: national importance/result is of
particular significance/benefits by early SC consideration outweigh CA benefits
Appeals from CA to SC = possible in both civil and criminal. Appeal granted by SC/CA
Privy Council
- Not binding on UK courts but extremely persuasive
- Hears appeals from Commonwealth bodies, Crown dependencies, but also professional
bodies or ancient courts
- Membership includes SC Justices (but not only)
Salaries – from Consolidated fund
rights of
audience Solicitors – can carry out advocacy in MC, County Court, the 'First Tier' Tribunals and Upper
(Appeal) Tribunal
Not generally authorised to carry out advocacy in the higher courts (Senior Courts and Civil
High Court. If solicitors want to – they need to undertake and pass exams to obtain Higher
Rights of Audience. Different exam for civil and criminal cases.
Barristers automatically granted rights of audience in all courts.
Development of
case law: the 'Stare decisis' = stand by previous decisions
doctrine of 'ratio decidendi' = reason for the decision (the binding element)
precedent Obiter dicta = comments which are supplementary (rather than a part of) the decision
There can be a biding (must be follow by other courts in future cases = stare decisis
principle) and persuasive precedent (may take it into account and it may influence a
decision of a court in a future case; might be persuasive bcos e.g. the case is from a different
jurisdiction)
Basic rule = superior courts bind lower courts (down to HC) and themselves in relation to
ratio (legal principle applied to material facts). Courts below HC do not create precedents
that bind other courts in the hierarchy. PC is not binding but the decisions can be very
persuasive and domestic courts typically follow the decisions.
Special rules apply:
, - CA can depart from own decisions if (1) CA came to previously conflicting decisions
(2) if CA has been overruled by HL/UKSC in interim (3) if CA's previous decision was
made 'per incuriam' (relevant case or statutory authority has not been properly
brought to attention which is why the decision is flawed)
- CA Criminal Division can depart if 'liberty of an individual is at stake'
- UKSC can depart (disturbing rules retrospectively?). Can depart only when 'it
appears right to do so' & there must be a compelling reason very rare
- HC bound by SC, CA and HC if appellate. If not appellate, only bound by CA and SC.
If first instance – SC, CA and HC Divisional Courts.
ECtHR – persuasive precedent
CJEU – no longer binding, can depart from what was retained 'if it appears right to do so'
Terminology
- Following the decision (application of binding legal precedent to the case)
- Approving
- Applying
- Distinguishing (where material facts of the current case differ from precedent thus not
bound to follow)
- Reversing (reverse the decision of lower court when considering an appeal if thinks
application of the law was incorrect = not the same as overruling)
- Overruled/overturned (where previous decision was so wrong or no longer an accurate
representation of the law. Only possible within the bounds of the doctrine of judicial
precedent more generally)
Primary
legislation: the Primary legislation – Acts of Parliament that have been passed by
structure of an Parliament
act of - Superior status to common law (can override certain common law rules)
Parliament - Cannot be invalidated by the courts P. Sovereignty
- Structure of AoP – short (basic) title + long title (brief description – purpose) +
divided by headings (thematic) and into sections and schedules (final schedule tells
us if it repealed any statutes)
- Chapter number – if 60 = 60th statute passed this year
- Date of RA (shown in brackets) + enacting formulas
- Might include a specific commencement date (if no CD: RA is CD). Many statutes
will not come into effect until an act (or part of the act) is enacted by a SI.
Secondary legislation
- Not directly made by Parliament – made by the Executive, the government, various
ministers
- Authority given by 'parent Act' by the Parliament
- Controversial – very limited scrutiny of what the minister actually later creates
- Will take a form of statutory instrument or regulation
- Importantly – sec leg can be invalidated by the courts (as this does not crush P.
Sovereignty as it was not created directly by the Parliament)
Statutory the literal rule
interpretation: - First rule the judges apply
- Ordinary, plain natural meaning of the statute
- They can use extrinsic aids (outside of the statute) like the dictionary
the golden rule
Intended to allow the court some leeway if the literal interpretation creates some absurd
outcome – court can depart from it then
Words in a statute are given their ordinary and literal meaning unless that would produce an
absurd or repugnant outcome
- golden rule applied to intestacy principle of public policy that precluded a
murderer from claiming a benefit conferred on him by his V will also preclude son
claiming a benefit
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