English & Welsh Legal System and
Services
1. Senior Judges
What is the judicial hierarchy? 2. Superior Judges
3. Inferior Judges
Various types of judges that work within the
What is the judiciary?
English legal system
Senior due to their combined functions in a
judicial capacity, and administrative/leadership
What is a senior judge? role.
Their power is not restricted by statute.
1. Procedural judges in High Court
2. Deal with all aspects of legal
What is a Master? proceedings.
3. Senior Master & 9 KB Masters, Chief
Master and 5 Chancery Masters
• Head of Judiciary and president of the
What is the Lord Chief Justice? courts
• Criminal Division CoA
• Crown Court
• High Court
What courts are senior courts?
• Court of Appeal
• Supreme Court
• Heard by 3 judges,
• consisting of LCJ or President of KB,
• or one of Lord Justices of Appeal,
Cases in Criminal Division
together with 2 HC Judges or
• one HC Judge and one nominated
Senior CJ
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Head of Civil Justice, Court of Appeal judge,
What is the Master of Rolls?
organises the work of judges.
Judges with unlimited jurisdiction (not limited
What are superior judges?
by statute)
High court, Crown Court, Court of Appeal
What is a Puisne Judge?
jurisdiction
Judges that don't exercise unlimited jurisdiction
What is an inferior judge?
and their powers are defined by statute
• Sit in County Court, Crown Court, Family
What is a recorder? Court
• Judicial powers restricted by statute
• Recorders
What judicial offices have their power restricted
• DJ
by statute?
• Circuit Judge
• President of KB/CD/FD
What judges do not have their power restricted
• Lord Justices of Appeal
by statute?
• High Court judge
What does jurisdiction mean? Powers the court/judge has to hear a case
Let the decision stand; decisions are based on
Stare decisis
precedents from previous cases
Sole discretion of judge. Involves one party
doing something (or not) as directed by court.
How is equity granted?
Person seeking relief must have acted in good
faith.
County Courts Deal exclusively with civil cases
What types of judge generally presides over
Circuit judges (senior) or district judges
County Court?
• Most junior County Court judge
What are Deputy District Judges (DDJ)?
• 'fee paid'
• 2nd highest judge
What are District Judges (County Court)? • Hear some final hearings
• Most work is procedural
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• Most senior
• Most complex cases
What are Circuit Judges (CC)?
• Hear appeals from decisions by DJs and
DDJs
Not expected to receive more than £100,000 or
County court typical cases
£50,000 in personal injury claims
• Less than £10,000
• For non-traffic related personal injury
Sum heard in Small Claims Track claims, less than £1,000
• For traffic related personal injury claims,
less than £5,000
Must justify based on value and/or complexity
When can a civil case by issued directly to High of issues for it not to start in County Court
Court?
High Court normally hears over £100k
• Less than £25,000
Sum heard in Fast Track
• Personal injury - less than £10,000
County Court or High Court depending on
Where are Fast Track claims heard?
public interest/significance
How long is a Fast Track trial? One day
What to Fast Track trials require? Expert evidence in no more than 2 expert areas
County court - sum heard for personal injury
£50,000
caused by negligence
Maximum value claim heard in county court £100,000
+£25,000
Cases heard in multi-track
Cases too complex for the fast track
• Court of first instance for complex multi-
track cases or claims exceeding
Roles of High Court
£100,000 (£50,000 for personal injury)
• Appellate court from the County Court
Where are multi-track claims heard? High Court - King's Bench
Where are JR claims heard? High Court - King's Bench division
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Where are KB appeals made to? Court of Appeal
What claims are heard in KB division of High Common law business - relating to contract
Court? disputes and claims in tort
• Part of KB division
What is the Administrative Court?
• JR proceedings
• Land
• trusts
• administration of estates
• contested wills
What claims are heard in Chancery division
• winding up companies
(High Court)?
• bankruptcies
• mortgages charities
• IP
• confidentiality cases
• Adoption, complex divorce, nullity of
marriage, and dissolution of civil
What cases are heard by the Family Division partnerships
(High Court) • Will only deal with complex cases, the
simpler cases will be dealt with by the
Family Court
Either:
• 3 lay magistrates who aren’t legally
Types of judges in Magistrates'
qualified; or
• Full-time DJs
• 6 month sentence (12 months for
Maximum sentence in magistrates' multiple offences)
• Fine of any amount
D can appeal against conviction and/or
sentence.
- appeals considered by CC and involve entire
rehearing
Magistrates' court and appeals - guilty plea, D can only appeal the sentence
- CC can confirm verdict and/or sentence, or
substitute own verdict
- CC can increase sentence
- prosecution cannot appeal to CC
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