Unit 1: The Nature of Law and the Welsh and English Legal Systems Civil Courts: Structure and Appeals Civil Courts

Objectives Explain the routes of appeal available in the civil court structure. Explain the structure and powers of the civil courts. Understand the limited use of juries in civil cases and their criticisms.

Introduction The Civil justice system is used to settle disputes between private individuals or organisations. The person brining the action is called the claimant and the person defending the action is known as the defendant. The case has to be proved on the balance of probabilities (the standard of proof) and the burden to prove the case is on the claimant. The claimant is normally seeking some form of remedy which could be the payment of compensation or an injunction. Research the key terms in red and complete the table on the next slide to recap your knowledge of the differences in key terminology between civil and criminal law.

Civil v Criminal Law Guilty Beyond Reasonable Doubt Victim Defendant   Beyond Reasonable Doubt Victim Defendant Punishment Magistrates Court/Crown Court

Civil Court Structure 2 3 1 4 SUPREME COURT COUNTY COURT COURT OF APPEAL (CIVIL DIVISION) THE HIGH COURT OF JUSTICE (Divisional Courts) Queen’s Bench Division Family Division Chancery Division COUNTY COURT Leapfrog appeal SMALL CLAIMS COURT Civil Court Structure 2 3 1 4

1 Civil Court Appeals Appeal from County Court or High Court to Court of Appeal These appeals require leave from the lower court or the Court of Appeal. Permission to appeal will only be given where: The court considers that the appeal would have a real prospect of success There is some other compelling reason why the appeal should be heard. The Court of Appeal will allow an appeal where the decision of the lower court was: wrong, or Unjust because of a serious procedural or other irregularity in the proceedings of the lower court. The Court of Appeal will have the powers of the lower court in relation to an appeal.

Civil Court Appeals 2 3 4 Appeal from Court of Appeal to Supreme Court This appeal is only allowed where the Court of Appeal or Supreme Court grants leave to appeal. 3 Appeal from the High Court to the Supreme Court This is a ‘leapfrog’ appeal direct from the High Court, provided: All parties consent, and A point of law of general public importance is involved relating to the construction of legislation or on a point on which the trial judge was bound by precedent. A certificate of the trial judge and leave from the Supreme Court is required. 4 Appeal from the Small Claims Court to the County Court This appeal can be made if there is a serious irregularity in the proceedings, or the District Judge at the Small Claims court made a mistake of law.

Queen’s Bench Division High Court Structure Research Exercise Using the internet and other resources, complete the following table on the High Court. http://www.hmcourts-service.gov.uk/   Head of Division Types of cases heard When is a jury used? Queen’s Bench Division Chancery Division Family Division