CHAPTER 8 ENGLISH COURT SYSTEM

CHAPTER 8
ENGLISH COURT SYSTEM

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 8 ENGLISH COURT SYSTEM
ENGLISH COURT SYSTEM

CRIMINAL CASES

The court that hears the case for the first time is known as the court of first instance and for
criminal cases, the MAGISTRATE COURT is the court of first instance. In this court if there
is any case brought against you, then you have to prove yourself innocent with the help of
proofs and evidences and the prosecution system of the state will try to prove you guilty.

If you are not happy with the verdict issued by the judge in magistrate court where the case
was first filled, and your point of grievance is on a question of fact, then the appeal will go
to the CROWN COURT where your case will be heard by a judge and jury to decide the fate
of the case. (Question of fact means you do not think you are guilty although you do

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 8 ENGLISH COURT SYSTEM
believe that the laws were properly applied.) For example, you have killed a dog while
driving and the magistrate court gave you 2 years imprisonment but you think that you are
not guilty because the dog was blocking the road and you tried to push it away by pressing
horn multiple times. This is question of fact and you have to go to the crown court. If you
are not happy with the verdict given by crown court, then the door of COURT OF APPEAL
is open for you, where your case will be heard by three lord justices.

If you are not happy with the decree or verdict given by the COURT OF APPEAL, then you
can move on to SUPREME COURT, which is the highest court in the UK , to seek justice
where you have to present the case before five lord justices and they will give their
decision after hearing your case.

On the other hand, if you think that the proper law was not applied in your case and you
were denied of justice for that reason, then you must appeal to the HIGH COURT. For
example, if the law on killing a person is used to punish you for killing a dog, then there will
be question of law. If you are still not happy with the verdict given by the HIGH COURT,
then you can appeal to SUPREME COURT, which is the highest court in the UK , to seek
justice where you have to present the case before five lord justices and they will give their
decision after hearing your case and the verdict issued by them will be final.

WHAT IS JUDICIAL PRECEDENT?

Judicial precedent means the process whereby judges follow previously decided cases
where the facts are of sufficient similarity. The doctrine of judicial precedent involves an
application of the principle of stare decisis ie, to stand by the decided. In practice, this
means that inferior courts are bound to apply the legal principles set down by superior
courts in earlier cases. This provides consistency and predictability in the law.

“REMEMBER, OBITER DICTA IS NOT BINDING, RATIO DECIDENDI IS BINDING”

JUDICIAL PRECEDEN T IN CRIMINAL COURTS

PRECEDENT - MAGISTRATES’ COURT

The Magistrates’ Court does not create precedent, but is bound by the Administrative Court
of the Queen’s Bench Divisional Court, the Court of Appeal, the House of Lords and The
Supreme Court.

PRECEDENT - CROWN COURT

The Crown Court does not create precedent, but is bound by the Administrative Court of
the Queen’s Bench Division, the Court of Appeal, the House of Lords and The Supreme
Court.

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 8 ENGLISH COURT SYSTEM
PRECEDENT - QUEEN’S BENCH DIVISION

Decisions of the Queen’s Bench Division bind all lower courts (including the Crown Court).
The Queen’s Bench Division is bound by the Court of Appeal, the House of Lords and the
Supreme Court.

PRECEDENT – COURT OF APPEAL

The Court of Appeal’s decisions bind all inferior courts, including the Queen’s Bench
Division.

The Court of Appeal is bound by the Supreme Court and the House of Lords and by its own
previous decisions.

CIVIL LAW CASES

The court that hears the case for the first time is known as the COUNTY COURT which is
manned by CIRCUIT JUDGES for civil suits other than contract and tort related suits.

For suits related to contract and tort, the original jurisdiction is with the QUEEN’S BENCH
DIVISION of the high court, which means that you need to go to queen’s bench division of
the high court to file the suits related to contract and tort as the court of first instance.

FAMILY DIVISION deals with matters relating to legitimacy, wardship and

adoption and with defended divorces and ancillary matters and appeals from the COUNTY
COURT.

CHANCERY DIVISION deals with company and partnership law, land, trusts, mortgages
and bankruptcy. This is a smaller division than the QBD and, in essence, is confined to
London. There are separate Companies, Bankruptcy and Patent courts within the Chancery
Division and appeals from the COUNTY COURT.

If you are not happy with the verdict or decree issued by the judge in COUNTY COURT or
QUEEN’S BENCH DIVISION where your suit was first filled, then the door of COURT OF
APPEAL is open for you, where your case will be heard by three lord justices.

If you are not happy with the decree or verdict given by the COURT OF APPEAL, then you
can move on to SUPREME COURT, which is the highest court in the UK , to seek justice
where you have to present the case before five lord justices and they will give their
decision after hearing your case.

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 8 ENGLISH COURT SYSTEM
JUDICIAL PRECEDEN T IN CIVIL COURTS

PRECEDENT – COUNTY COURT

The County Court does not create precedent, but is bound by the High Court, Divisional
Courts, Court of Appeal, the House of Lords and the Supreme Court.

PRECEDENT – HIGH COURT

The High Court binds inferior courts, eg, county court, magistrates' courts, and various
tribunals, and is bound by the Supreme Court, the House of Lords, Court of Appeal, and
Divisional Courts. It is not bound by other single High Court judges.

PRECEDENT - THE COURT OF APPEAL

The Court of Appeal’s decisions bind all inferior courts.

The Court of Appeal is bound by the House of Lords and the Supreme Court and by its own
previous decisions.

1. Where there are two previous conflicting Court of Appeal decisions, the Court may
choose between them.

2. It need not follow its previous decision which has been expressly or impliedly overruled
by the House of Lords.

3. The Court of Appeal may decline to follow an earlier decision of its own given per
incuriam.

In fact, ANY PRECEDENT MAY BE IGNORED IN ANY COURT if it was made per INCURIAM.
Per incuriam literally means “without care”. Its use is, however, severely restricted.

PRECEDENT – SUPREME COURT

Decisions from the Supreme Court and the House of Lords bind all inferior courts.

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 8 ENGLISH COURT SYSTEM
OTHER COURTS

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL is the final appeal court for United
Kingdom overseas territories and Crown dependencies, and for those Commonwealth
countries which have retained the appeal to Her Majesty in Council or, in the case of
Republics, to the Judicial Committee.

The purpose of the Judicial Committee is to advise the Crown, so in theory it never decides
a case but instead “humbly advises Her Majesty”. In practice, however, the Monarch never
refuses the advice of the Judicial Committee.

The Judicial Committee hears both civil and criminal matters. It consists of senior members
of the judiciary, usually from the Supreme Court and previously from the House of Lords. In
addition, senior members of the judiciary from Commonwealth jurisdictions are also
members of the Judicial Committee.

PRECEDENT - THE PRIVY COUNCIL

The decisions of The Privy Council are not binding on the English Courts, but its opinions
can be highly persuasive. Some decisions are viewed as almost as authoritative as decisions
of the House of Lords or the Supreme Court. This is because the same judges sit in the
Privy Council as sat in the House of Lords and now sit in the Supreme Court.

THE COURT OF JUSTICE OF THE EUROPEAN UNION (ECJ)

The court does not decide the result of the cases before it. It will not make decisions about
facts or apply the law to the facts. It will only make a ruling on EU law. The court’s decision
will then be implemented by the national courts, by applying the ECJ’s interpretation of the
law.

THE EUROPEAN COURT OF HUMAN RIGHTS

This Court sits in Strasbourg. Cases can only be brought against governments and only after
all appeal processes in the domestic courts have been exhausted. The Court consists of
three divisions;

The Committee, which has three judges and considers whether cases should be heard
The Chamber, which consists of seven judges and hears most of the cases and
The Grand Chamber, which has seventeen judges and hears cases which are thought to be
of particular importance. If the Court decides that a convention right has been breached it
will award compensation to the petitioner.

THANK YOU

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 8 ENGLISH COURT SYSTEM

1. In which court is the contract and tort related cases heard in the first instance? Where can they
appeal again if the verdict is not satisfactory? (4 MARKS)

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2. Where can an accused individual in a criminal case seek justice when the individual wants to
appeal on a question of fact? Also state in which circumstance the accused individual not appeal
anymore? (4 MARKS)

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3. How many Lord Justices hear appeals coming from the High Court in a Criminal Case?
(1 MARK)

A. 12
B. 4
C. 5
D. 8

4. Which of the following correctly describes the Chancery Division? (1 MARK)

A. The division where divorce cases are heard.

B. The division where accidental murders are heard at the first instance.
C. The division that hears cases of company and land law re-appealed from the County Courts.
D. The division that hears fast tract cases and is above 15,000 pounds.

5. Describe Judicial Precedent, Obiter Dicta & Ratio Decidendi. (6 MARKS)

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LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)