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The Structure and Function of Courts and Tribunals

The Structure and Function of Courts and Tribunals. The Court Hierarchy in England and Wales. First, some terminology: Criminal and Civil Courts Trial and Appellate Courts Superior and Inferior Courts. The Court Hierarchy in England and Wales.

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The Structure and Function of Courts and Tribunals

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  1. The Structure and Function of Courts and Tribunals

  2. The Court Hierarchy in England and Wales • First, some terminology: • Criminal and Civil Courts • Trial and Appellate Courts • Superior and Inferior Courts

  3. The Court Hierarchy in England and Wales • The Court of Justice of the European Union (the European Court of Justice) • Supreme Court of the United Kingdom • Judicial Committee of the Privy Council • Courts below this level are divided between civil and criminal cases

  4. The Court Hierarchy in England and Wales • The Court of Appeal • The distinction between the Civil and Criminal Divisions • Binds all lower courts • Also binds itself with exceptions • What are the exceptions? • Young v Bristol Aeroplane [1944] 2 All ER 293 (CA) • R (on the application of M) v Secretary of State for Work and Pensions [2008] UKHL 63, [2009] 1 AC 311

  5. The Court Hierarchy in England and Wales • The High Court • The Divisions of the High Court (Ch, Fam, QB) • What is the Divisional Court? • Queen’s Bench Division • Appeals by way of ‘case stated’ • Family Division • Chancery Division

  6. The Court Hierarchy in England and Wales • Below the High Court.... • County Court • Crown Court • Magistrates’ Courts

  7. Tribunals • What are Tribunals? • The Characteristics of Tribunals • Specialised • Employment Appeal Tribunal • Less formal than the courts • Advantages of Tribunals • Speed • Cost • Informal • Flexible • Specialised • Help the courts • Awareness of Policy • Privacy • The Composition of Tribunals

  8. Tribunals • History of Tribunals • Franks Committee 1957 • Leggatt Review 2000 • Transforming Public Services 2004 • Tribunals, Courts and Enforcement Act 2007 • The New Framework of Tribunals • Control of Tribunals

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