Legal System of England and
Wales
Legal system is a common law system and is adversarial.
Modern courts can give equitable remedies in the same court. Equitable remedies are
discretionary and it must be fair and just to grant them.
The Royal Prerogative allows the executive to bind the UK to the rules of international
treaties.
Features of a Statute
Short title - short name given
Citation - chapter number
Long title - describes the purpose of the act
Date of Royal Assent
Preamble - block of text conferring authority of the crown "be it enacted..."
Part; Section; Subsection
Marginal Notes - notations alongside sections
Extent Provisions - define situations in which a law applies
Enabling provisions - provisions are deferred from being in force until regulations are
produced to give it effect
Statutory Interpretation
Rule Meaning
Literal Words are given their ordinary meaning
Golden Words can be given a different meaning to avoid absurdity
Mischief Court considers the problem the statue was designed to remedy
Purposive Court considers why the statute exists and what it hopes to achieve
Rule Translation Example
,Expressio Unis est Exclusio Alterius Expression of one thing Statute mentions 'domestic pets' with
is the exclusion of no specific words, lions would not fall
another under the scope
Noscitur a Sociis The company it keeps 'Explosives must be in a canister' would
not include a bag because of the
context.
In pari Materia Upon the same subject If there is a similar act, meaning can be
derived from it e,g, Adoption Act using
'parent'
Ejusdem Generis Of the same type A list of examples e.g. 'domestic
appliances... fridges, ovens' would not
include carpets
Presumptions relating to statutes are observed:
Statutes cannot alter the common law
Statutes are not designed to remove the court's jurisdiction
Ambiguity in a criminal case will be in Favour of the defendant
Statutes cannot apply retrospectively
Aids to interpretation
Intrinsic - the statue itself including marginal notes, schedules etc.
Extrinsic - outside sources including dictionaries, Hansard, explanatory notes etc.
Court Structure
Civil
Type of Qualifications Court
Claim
Small Less than £10,000 and; County Court
Claims
Non road traffic accident personal injury claims not including a
Track
claim for pain suffering and loss of amenity (PSLA) exceeding
£1000 and;
Personal injury claims arising from road traffic accidents where
, the value of the claim for PSLA does not exceed £5000
Fast Track Between £10,000 and £25,000 County Court
Multi-Track Over £25,000 or under £25,000 if complex County court or
High court
High Court
1. Queen's Bench Division
Multi-track for common civil law actions exceeding £50k for personal injury and
clinical negligence or £100k for anything else.
Includes the administrative Court which deals with judicial review.
2. Chancery Division
Land, contracts and wills
3. Family Division
ADR
1. Mediation - Third party (mediator) guides the parties to resolve the dispute themselves.
2. Arbitration - Third party (arbitrator) decides the dispute and the courts enforce the decision.
3. Negotiated settlement - The parties settles out of court themselves.
Criminal
The maximum sentence in the magistrates court is 6 months for a single offence or 12
months for multiple offences and an uncapped fine.
High court and circuit judges preside over crown courts.
Jury members must be between 18 and 75 and must be on the electoral register.
Solicitor's Rights of Audience
Automatic right in the Magistrates, County and Family Court.
Must apply for rights in the Crown, High, Court of Appeal and Supreme Court.
Appeals
Route
, 1. County Court (small claims, district judge)
2. County Court (senior circuit judge)
3. High Court
4. Court of Appeal
5. Supreme Court
Permission must be sought from the initial court and/or the judge where it will be heard.
Appeals are granted only if:
the claim has a real prospect of success or
there is another pressing reason to hear the appeal
Court Types of Appeal
Crown Appeals against the sentence and the verdict but if the defendant pleads guilty, only
the sentence can be appealed.
High Either party can apply on the grounds of incorrectly applied procedure from a
magistrate.
Administrative Ultra Vires cases.
Court of Only the convicted party can appeal either the conviction or the sentence within 28
Appeal days.
Supreme Hear cases about a point of law that is of public importance.
The System of Precedent
Binding effect can only happen if the decision involved similar facts and laws.
Obiter Dicutum can be used as persuasive authority but does not bind court decisions.
If a decision is not unanimous the ratio from the majority will be binding.
Vertical Binding Effect - Rulings of higher courts bind lower courts.
Horizontal Binding Effect
Courts of the same level will bind themselves. Judges should follow decisions of other judges
at the same level unless there are convincing reasons not to.
If there are conflicting decisions, the latter decision should be followed.
Court Binding Precedent
Wales
Legal system is a common law system and is adversarial.
Modern courts can give equitable remedies in the same court. Equitable remedies are
discretionary and it must be fair and just to grant them.
The Royal Prerogative allows the executive to bind the UK to the rules of international
treaties.
Features of a Statute
Short title - short name given
Citation - chapter number
Long title - describes the purpose of the act
Date of Royal Assent
Preamble - block of text conferring authority of the crown "be it enacted..."
Part; Section; Subsection
Marginal Notes - notations alongside sections
Extent Provisions - define situations in which a law applies
Enabling provisions - provisions are deferred from being in force until regulations are
produced to give it effect
Statutory Interpretation
Rule Meaning
Literal Words are given their ordinary meaning
Golden Words can be given a different meaning to avoid absurdity
Mischief Court considers the problem the statue was designed to remedy
Purposive Court considers why the statute exists and what it hopes to achieve
Rule Translation Example
,Expressio Unis est Exclusio Alterius Expression of one thing Statute mentions 'domestic pets' with
is the exclusion of no specific words, lions would not fall
another under the scope
Noscitur a Sociis The company it keeps 'Explosives must be in a canister' would
not include a bag because of the
context.
In pari Materia Upon the same subject If there is a similar act, meaning can be
derived from it e,g, Adoption Act using
'parent'
Ejusdem Generis Of the same type A list of examples e.g. 'domestic
appliances... fridges, ovens' would not
include carpets
Presumptions relating to statutes are observed:
Statutes cannot alter the common law
Statutes are not designed to remove the court's jurisdiction
Ambiguity in a criminal case will be in Favour of the defendant
Statutes cannot apply retrospectively
Aids to interpretation
Intrinsic - the statue itself including marginal notes, schedules etc.
Extrinsic - outside sources including dictionaries, Hansard, explanatory notes etc.
Court Structure
Civil
Type of Qualifications Court
Claim
Small Less than £10,000 and; County Court
Claims
Non road traffic accident personal injury claims not including a
Track
claim for pain suffering and loss of amenity (PSLA) exceeding
£1000 and;
Personal injury claims arising from road traffic accidents where
, the value of the claim for PSLA does not exceed £5000
Fast Track Between £10,000 and £25,000 County Court
Multi-Track Over £25,000 or under £25,000 if complex County court or
High court
High Court
1. Queen's Bench Division
Multi-track for common civil law actions exceeding £50k for personal injury and
clinical negligence or £100k for anything else.
Includes the administrative Court which deals with judicial review.
2. Chancery Division
Land, contracts and wills
3. Family Division
ADR
1. Mediation - Third party (mediator) guides the parties to resolve the dispute themselves.
2. Arbitration - Third party (arbitrator) decides the dispute and the courts enforce the decision.
3. Negotiated settlement - The parties settles out of court themselves.
Criminal
The maximum sentence in the magistrates court is 6 months for a single offence or 12
months for multiple offences and an uncapped fine.
High court and circuit judges preside over crown courts.
Jury members must be between 18 and 75 and must be on the electoral register.
Solicitor's Rights of Audience
Automatic right in the Magistrates, County and Family Court.
Must apply for rights in the Crown, High, Court of Appeal and Supreme Court.
Appeals
Route
, 1. County Court (small claims, district judge)
2. County Court (senior circuit judge)
3. High Court
4. Court of Appeal
5. Supreme Court
Permission must be sought from the initial court and/or the judge where it will be heard.
Appeals are granted only if:
the claim has a real prospect of success or
there is another pressing reason to hear the appeal
Court Types of Appeal
Crown Appeals against the sentence and the verdict but if the defendant pleads guilty, only
the sentence can be appealed.
High Either party can apply on the grounds of incorrectly applied procedure from a
magistrate.
Administrative Ultra Vires cases.
Court of Only the convicted party can appeal either the conviction or the sentence within 28
Appeal days.
Supreme Hear cases about a point of law that is of public importance.
The System of Precedent
Binding effect can only happen if the decision involved similar facts and laws.
Obiter Dicutum can be used as persuasive authority but does not bind court decisions.
If a decision is not unanimous the ratio from the majority will be binding.
Vertical Binding Effect - Rulings of higher courts bind lower courts.
Horizontal Binding Effect
Courts of the same level will bind themselves. Judges should follow decisions of other judges
at the same level unless there are convincing reasons not to.
If there are conflicting decisions, the latter decision should be followed.
Court Binding Precedent
