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05 Legal System

The document discusses the English legal system, including its history and sources of law. It outlines the structure of the court system and details the procedures for civil and criminal cases. Diagrams illustrate the routes through the criminal justice system and the different tracks for civil cases in the county and high courts. It also mentions pre-action protocols and examples of past miscarriages of justice.

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Jeremy Price
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7 views

05 Legal System

The document discusses the English legal system, including its history and sources of law. It outlines the structure of the court system and details the procedures for civil and criminal cases. Diagrams illustrate the routes through the criminal justice system and the different tracks for civil cases in the county and high courts. It also mentions pre-action protocols and examples of past miscarriages of justice.

Uploaded by

Jeremy Price
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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II - The legal system

 1) Introduction
 2) English legal history
 3) Sources of English law
 4) Court system
 5) Civil and criminal procedure
 6) Law and order
 7) The legal professions
 8) Attitudes
Civil and criminal courts
The House of Lords
Lord Chancellor sitting on Woolsack
Magistrate’s court layout 1
Magistrate’s court layout 2
Magistrate’s court layout 3
Inside the magistrate’s court 1
Inside the magistrate’s court 2
Crown court layout
Inside Tolpuddle crown court
The ‘Old Bailey’ 1
The ‘Old Bailey’ 2
The ‘Old Bailey’ 3
English solicitor
English barrister
English judge: Lord Denning
Criminal Procedure

Defendant charged or served with summons

Court appearance (magistrates' court may consider legal aid or bail)

Indictable offences 'Either-way offences' Summary offences

Committal proceedings (before magistrate) Mode of trial enquiry (magistrates' court)

Trial (crown court; judge and jury) Trial (magistrates' court)

Sentence; Acquittal; Retrial Sentence; Acquittal; Retrial

Appeal (Court of Appeal) Appeal (crown court or divisional court if point of law)
Civil Law Procedure 1: small claims

High Court - Deals with complex cases, specialist cases, or


high value claims.
The County Court - Jurisdiction extended so it can hear more cases.
Small claims heard in the Small Claims Court of the County Court
Public hearing - Claims less than £5,000 or personal injury claims
less than £1,000
- The hearing is in public, but very informal.
- No expert evidence is admissible.
Will consider case - By proceeding in a party’s absence, weak claims
in party’s absence can be defended without the expense of having to
appear in court.
Rights of appeal from - Only possible if there is a mistake of law by the
small claims awards court or a serious procedural irregularity e.g.
District Judge misconducts himself/herself.
Civil Law Procedure 2: County Court
County Court

A claimant MUST begin - A personal injury case involving £50,000 or less.


a case in - A claim including consumer credit of £15,000 or
the County Court if the less.
case is: - A claimant MAY bring cases in the County Court
that exceed these limits.
Remedies available - Can award same remedies as High Court except
prerogative orders available on judicial review,
‘freezing injunction’ or ‘search order’.
Types of case heard - Tends to hear the routine, lower value cases,
whilst the trial in the High Court tends to be used
for specialist or complex or high value claims.

Less than £25,000 - Must be heard in the County Court.

Between £25,000 and - Heard in the court most suited given the
£50,000 complexity of the case and other factors.
Civil Law Procedure 3: High Court
High Court
A claimant MUST bring a case in the High Court if
it is:
- A defamation case.
- An application for judicial review.
- Equity, contentious probate.
- Law of Property Act 1925 proceedings if the
amount of the fund or value of the property is
£30,000 or more.
Claimant MAY bring a - Claims in excess of £15,000.
case in - Personal injury cases over £50,000.
the High Court for... - Cases that would fall to be allocated to a
specialist list, such as commercial, patents,
company – regardless of the value.
Over £50,000 - Heard in the High Court.
Civil Law Procedure 4: other cases
Other cases
Other cases - The choice of where to begin a case will depend
on its value and complexity.
Civil Procedure Rules - Overriding objective requires a consideration of
the appropriate use of court resources
Claims started in the - Will be transferred to the appropriate court and
wrong court the claimant penalised by way of costs.
Civil Law Procedure 5: Tracks & Pre-action protocols
The tracks

Multi track - For cases not allocated to the fast track or small claims
track, mostly High Court cases, although some County Court.
Claims in excess of £15,000.
- Directions are given, dates fixed for management
conference, listing questionnaire, pre-trial review, and trial
date or window as soon as possible.
- Cannot be varied without the permission of the court.
Fast track - Claims between £5,000 and £15,000.
- Relatively straightforward.
- Court gives directions
- Court sets a strict timetable for the case.
- Procedures must be completed within a 30-week period, trial
lasting not more than one day.
- CANNOT be varied.
Small claims track Details above.
Pre-action protocols
For cases that - Protocols ensure early awareness of the strengths of the
cannot be settled. parties’ cases.
- Documentation exchanged in order to enable decisions to be
made about the desirability of litigation.
Miscarriage of Justice 1:
‘The Birmingham Six’
Miscarriage of Justice 2: Derek Bentley
Miscarriage of Justice 3: Stefan Kiszko

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