THE COURTS AND THEIR WORK
1. INTRODUCTION
(i) This chapter focuses on the names and the functions of the main courts in the UK justice
system. It is important to know the types and functions of courts in the UK justice system,
as well as which court is competent to try cases of which nature.
2. IMPORTANT DISTINCTIONS BETWEEN COURTS
(i) Civil and Criminal Courts:
(a) Civil Courts deal with disputes pertaining to private citizens or between a citizen and the
state; i.e. breach of contract or wrongful exercise of power by a govt. official etc. If the
defendant is found liable, the court has the power to order the defendant to pay monetary
compensation to the claimant or to order some other remedy.
(b) Criminal courts exist in order to hear and determine cases in which people are accused of
breaking the criminal law. If the ‘accused’ or ‘defendant’ is found guilty after the
prosecution brings a case against him, the criminal court has the power to inflict
punishment in the form of a fine or imprisonment. The vast majority of prosecutions are
brought by the Crown Prosecution Service or other state agencies.
(ii) First Instance and Appeal Courts:
(a) First instance courts are those courts whereby a suit/claim is initiated. Whereas, once a
case is decided, the aggrieved party has the right to appeal to a higher court (the appeal
court).
(iii) Unanimous, Concurring and Dissenting Judgments:
(a) In a panel of judges (i.e. 3, 5, 7 judges), it is normal that some judges might deliver a
different view to the case from other judges. For example, in a panel of three judges, one
judge might give a different judgment as compared to the other two judges. In such a case
the judge will deliver a ‘dissenting judgment’ and the case will be decided by the majority.
(b) Where all of the judges agree, the decision will be ‘unanimous’.
, (c) In a situation where all the judges agree with each other, but all the judges in the panel still
choose to write a separate judgement, (as they might have interpreted the law differently),
this is known as a ‘concurring judgment’.
3. HIERARCHY OF THE COURTS
(i) In the English legal system, courts are organized on the basis of seniority. The more senior
the court in the hierarchy, the greater will be the authority of the decisions of the court. So
the decisions of the Supreme Court (formerly the House of Lords) are the most important
and authoritative decisions of all the courts. The Court of Appeal and High Court are also
authoritative, but less so.
(ii) The lower courts hear a vast amount of civil and criminal disputes; however, the senior
courts hear a small number of most important cases on appeals to clarify the points of law.
(iii) Superior courts have unlimited jurisdiction so can hear cases of any value or legal
complexity. Inferior courts have a limited jurisdiction. The Court of Appeal, High Court and
Crown Courts are now known as the ‘senior’ courts.
(iv) The UK Supreme Court (UKSC):
(a) The UKSC came into being on 1st October, 2009 pursuant to Part 3 of the Constitutional
Reform Act, 2005 (CRA 2005). It replaced the ‘Appellate Committee of the House of Lords’
and assumed its jurisdiction. It is, subject to certain exceptions, the final authoritative court
of appeal in the UK.
(b) Most of its work involves hearing appeals on points of law of public importance from the
Court of Appeal but it may occasionally hear an appeal directly from the High Court
(‘leapfrog’ procedure).
(c) The UKSC comprises the President who is the Head of the Court, a Deputy President and 10
other Justices of the Supreme Court. It is a superior court and a court of record. Its
hearings are filmed, its decisions are regularly reported and all decisions are posted on the
Supreme Court website.
*Read the details of this para from guide*
1. INTRODUCTION
(i) This chapter focuses on the names and the functions of the main courts in the UK justice
system. It is important to know the types and functions of courts in the UK justice system,
as well as which court is competent to try cases of which nature.
2. IMPORTANT DISTINCTIONS BETWEEN COURTS
(i) Civil and Criminal Courts:
(a) Civil Courts deal with disputes pertaining to private citizens or between a citizen and the
state; i.e. breach of contract or wrongful exercise of power by a govt. official etc. If the
defendant is found liable, the court has the power to order the defendant to pay monetary
compensation to the claimant or to order some other remedy.
(b) Criminal courts exist in order to hear and determine cases in which people are accused of
breaking the criminal law. If the ‘accused’ or ‘defendant’ is found guilty after the
prosecution brings a case against him, the criminal court has the power to inflict
punishment in the form of a fine or imprisonment. The vast majority of prosecutions are
brought by the Crown Prosecution Service or other state agencies.
(ii) First Instance and Appeal Courts:
(a) First instance courts are those courts whereby a suit/claim is initiated. Whereas, once a
case is decided, the aggrieved party has the right to appeal to a higher court (the appeal
court).
(iii) Unanimous, Concurring and Dissenting Judgments:
(a) In a panel of judges (i.e. 3, 5, 7 judges), it is normal that some judges might deliver a
different view to the case from other judges. For example, in a panel of three judges, one
judge might give a different judgment as compared to the other two judges. In such a case
the judge will deliver a ‘dissenting judgment’ and the case will be decided by the majority.
(b) Where all of the judges agree, the decision will be ‘unanimous’.
, (c) In a situation where all the judges agree with each other, but all the judges in the panel still
choose to write a separate judgement, (as they might have interpreted the law differently),
this is known as a ‘concurring judgment’.
3. HIERARCHY OF THE COURTS
(i) In the English legal system, courts are organized on the basis of seniority. The more senior
the court in the hierarchy, the greater will be the authority of the decisions of the court. So
the decisions of the Supreme Court (formerly the House of Lords) are the most important
and authoritative decisions of all the courts. The Court of Appeal and High Court are also
authoritative, but less so.
(ii) The lower courts hear a vast amount of civil and criminal disputes; however, the senior
courts hear a small number of most important cases on appeals to clarify the points of law.
(iii) Superior courts have unlimited jurisdiction so can hear cases of any value or legal
complexity. Inferior courts have a limited jurisdiction. The Court of Appeal, High Court and
Crown Courts are now known as the ‘senior’ courts.
(iv) The UK Supreme Court (UKSC):
(a) The UKSC came into being on 1st October, 2009 pursuant to Part 3 of the Constitutional
Reform Act, 2005 (CRA 2005). It replaced the ‘Appellate Committee of the House of Lords’
and assumed its jurisdiction. It is, subject to certain exceptions, the final authoritative court
of appeal in the UK.
(b) Most of its work involves hearing appeals on points of law of public importance from the
Court of Appeal but it may occasionally hear an appeal directly from the High Court
(‘leapfrog’ procedure).
(c) The UKSC comprises the President who is the Head of the Court, a Deputy President and 10
other Justices of the Supreme Court. It is a superior court and a court of record. Its
hearings are filmed, its decisions are regularly reported and all decisions are posted on the
Supreme Court website.
*Read the details of this para from guide*
