$Unique_ID{bob00523} $Pretitle{} $Title{United Kingdom Civil Courts} $Subtitle{} $Author{Embassy of the United Kingdom, Washington DC} $Affiliation{Embassy of the United Kingdom, Washington DC} $Subject{court courts cases civil appeal county high general law lord} $Date{1990} $Log{} Title: United Kingdom Book: Justice and the Law in Britain Author: Embassy of the United Kingdom, Washington DC Affiliation: Embassy of the United Kingdom, Washington DC Date: 1990 Civil Courts England and Wales The limited civil jurisdiction of magistrates' courts extends to matrimonial proceedings for custody and maintenance orders, adoption orders, guardianship orders and family protection orders. The courts also have jurisdiction regarding public health and the recovery of community charge debts. Committees of magistrates license public houses, betting shops and clubs. The jurisdiction of the 286 county courts covers actions founded upon contract and tort (with minor exceptions); trust and mortgage cases; and actions for the recovery of land. Other matters dealt with by them include landlord and tenant, adoption and divorce cases. Some cases are determined in those courts designated as divorce county courts, and outside London bankruptcies are dealt with in certain county courts. The courts also deal with complaints of race and sex discrimination. Where small claims are concerned, especially those involving consumers, there are special arbitration facilities and simplified procedures. Each county court has one or more circuit judges assigned to it by the Lord Chancellor, and the regular sittings of the court are mostly taken by them. The judge normally sits alone, although, in exceptional cases, a trial may be with a jury. The High Court is divided into the Chancery Division, the Queen's Bench Division and the Family Division. Its jurisdiction covers civil and some criminal cases, and it also deals with appeals. The Family Division is concerned with all jurisdiction affecting the family, including that relating to adoption and guardianship. The Chancery Division deals with the interpretation of wills and the administration of estates. Maritime and commercial law is the responsibility of admiralty and commercial courts of the Queen's Bench Division. Each of the 80 or so judges of the High Court is attached to one division on appointment but may be transferred to any other division. In London the High Courts sits at the Royal Courts of Justice; elsewhere sittings are held at 26 district registries at county court centres. At present all cases above the upper financial limit of the county courts' jurisdiction-currently 5,000 Pounds in contract and tort-must start in the High Court. The Courts and Legal Services Bill would enable the Lord Chancellor to abolish this county court limit and to reserve the High Court for specialist cases and for general cases of exceptional substance, complexity or importance. It is expected that in early 1991 an order made by the Lord Chancellor will require all but the most substantial personal injury cases to start in a county court. The Bill would also give the county courts wider powers to grant non-financial remedies such as injunctions. New court rules have been introduced to help cut pre-trial delays. Appeals Appeals in matrimonial, adoption and guardianship proceedings heard by magistrates' courts go to a divisional court of the Family Division of the High Court. Appeals against decisions of the licensing committees of magistrates are heard by the Crown Court. Appeals from the High Court and county courts are heard in the Court of Appeal (Civil Division), consisting of the Master of the Rolls and 27 Lords Justices of Appeal, and may go on to the House of Lords, the final court of appeal in civil and criminal cases. The judges in the House of Lords are the ten Lords of Appeal in Ordinary, who must have a quorum of three, but usually sit as a group of five. Lay peers do not attend the hearings of appeals, which normally take place in a committee room, but peers who hold or have held high judicial office may also sit. The president of the House in its judicial capacity is the Lord Chancellor. Scotland The main civil courts are the Court of Session and the sheriff court. The sheriff court deals with most civil litigation including all cases with a value of less than 1.500 Pounds. Appeals may be made to the sheriff principal or directly to the Court of Session. This does not apply where the value of the case is under 1,500 Pounds, when an appeal must first be made to the sheriff principal, who may sanction an appeal to the Court of Session on a point of law. The Court of Session sits in Edinburgh, and in general has jurisdiction to deal with all kinds of action. It is divided into the Outer House, a court of first instance; and the Inner House, mainly an appeal court. Appeals to the Inner House may be made from the Outer House and from the sheriff court. From the Inner House an appeal may go to the House of Lords. The judges of the Court of Session are the same as those of the High Court of Justiciary. The Scottish Land Court deals exclusively with matters concerning agriculture. Its chairman has the status and tenure of a judge of the Court of Session and its other members are lay specialists. Northern Ireland Minor civil cases in Northern Ireland are dealt with in county courts, though magistrates' courts also deal with certain limited classes of civil case. The superior civil law court is the High Court of Justice, from which an appeal may be made to the Court of Appeal. The House of Lords is the final civil appeal court. Civil Proceedings In England and Wales civil proceedings are instituted by the aggrieved person. Actions in the High Court are usually begun by a writ served on the defendant by the plaintiff, stating the nature of the claim. Before the case is set down for trial in the High Court, documents (pleadings) setting out the scope of the dispute are filed with the court; the pleadings are also served on the parties. County court proceedings are initiated by a summons served on the defendant by the court. In order to reduce delays, the High Court and the county courts have power to order pre-trial exchange of witness statements in certain cases. From early 1991, such exchange will be compulsory in most High Court and county court cases. Courts may impose penalties in costs on parties who unreasonably refuse to admit facts or disclose documents before trial. A decree of divorce must be pronounced in open court, but a procedure for most undefended cases dispenses with the need to give evidence in court and permits written evidence to be considered by the registrar. Civil proceedings, as a private matter, can usually be abandoned or ended by settlement between the parties at any time. Actions brought to court are usually tried without a jury, except in defamation, false imprisonment, or malicious prosecution cases, when either party may, except in certain special circumstances, insist on trial by jury; or a fraud case, when the defendant may claim this right. The jury decides questions of fact and awards damages to the injured party; majority verdicts may be accepted. Under the Courts and Legal Services Bill the Court of Appeal would be able to increase or reduce damages awarded by a jury if it considered them inadequate or excessive. At present this can only be done if the parties agree; otherwise the Court must order a retrial. In civil cases heard by a magistrates' court, the court issues a summons to the defendant setting out details of the complaint and the date on which it will be heard. Parties and witnesses give their evidence at the court hearing. Domestic proceedings are normally heard by not more than three lay justices, including, where practicable, a woman; members of the public are not allowed to be present. The court may order provision for custody, access and supervision of children, as well as maintenance payments for spouses and children. The law is being changed to speed up civil proceedings in magistrates' courts by allowing written statements, expert opinions and hearsay evidence to be accepted in court without the presence of the witness unless the evidence is disputed and the disputing party requests the presence of the witness. Judgments in civil cases are enforceable by the court. Most are for sums of money and may be enforced, in cases of default, by seizure of the debtor's goods or by a court order requiring an employer to make periodic payments to the court by deduction from the debtor's wages. Other judgments can take the form of an injunction restraining someone from performing an unlawful act. Refusal to obey a judgment may result in imprisonment for contempt of court. An arrest under an order of committal may be effected only on a warrant. Normally the court orders the costs of an action to be paid by the party losing it, but, in the case of family law maintenance proceedings, a magistrates' court can order either party to pay the whole or part of the other's costs. In Scotland proceedings in the Court of Session or ordinary actions in the sheriff court are initiated by serving the defender with a summons (an initial writ in the sheriff court). A defender who intends to contest the action must inform the court; if he or she does not appear, the court grants a decree in absence in favour of the pursuer. In summary cases (involving small sums) in the sheriff court the statement of claim is incorporated in the summons. The procedure is designed to enable most actions to be carried through without the parties involved having to appear in court. Normally they (or their representatives) need appear only when an action is defended. A new small claims procedure was introduced in 1988. Proceedings in Northern Ireland are similar to those in England and Wales. County court proceedings are begun by a civil bill served on the defendant; there are no pleadings in the county court. Judgments of civil courts and orders in respect of certain civil matters are enforceable through a procedure administered by the Enforcement of Judgments Office. Restrictive Practices Court The Restrictive Practices Court is a specialised United Kingdom court dealing with monopolies and restrictive trade practices. It comprises five judges and up to ten other people with expertise in industry, commerce or public life. Administrative Tribunals Administrative tribunals exercise judicial functions separate from the courts and tend to be more accessible, less formal and less expensive. A number of important tribunals decide disputes between private citizens-for example, industrial tribunals have a major role in employment disputes. Some (such as those concerned with social security) resolve claims by private citizens against public authorities. A further group (including tax tribunals) decide disputed claims by public authorities against private citizens, while others decide such issues as the right to enter or visit the United Kingdom. Tribunal members are normally appointed by the minister concerned with the subject, but other authorities have the power of appointment in some cases. For example, the Lord Chancellor (and, in Scotland, the Lord President of the Court of Session) makes most appointments where a lawyer chairman or member is required. In the case of many tribunals, a two-tier system operates, with an initial right of appeal to a lower tribunal, and final right of appeal, usually on a point of law, to a higher one. Appeals from some of the higher tribunals on a point of law only may be made to the High Court in England and Wales, to the Court of Session in Scotland, and to the Court of Appeal in Northern Ireland. There are a few exceptions including, for example, immigration appeals, where there is no right of appeal directly from the Immigration Appeals Tribunal to the courts. The independent Council on Tribunals exercises general supervision over many tribunals, advising on draft legislation and rules of procedure, monitoring their activities and reporting on particular matters. A Scottish Committee of the Council exercises the same function in Scotland. The Council has a similar responsibility with regard to public inquiries. Administration of the Law Government Responsibilities Responsibility for the administration of justice rests with the Lord Chancellor, the Home Secretary and the Secretaries of State for Scotland and Nothern Ireland. The Prime Minister recommends the highest judicial appointments to the Crown. The judiciary is independent and its adjudications are not subject to ministerial direction or control. England and Wales The Lord Chancellor is the head of the judiciary. He is concerned with court procedure and is responsible for the administration of all courts other than magistrates' and coroners' courts, and for a number of administrative tribunals. He recommends all other judicial appointments to the Crown and appoints magistrates. He has general responsibility for the legal aid and advice schemes and for the administration of civil law reform. The Home Secretary is concerned with the criminal law, the police service, prisons, and the probation and after-care service. He has general supervision over magistrates' courts, together with some specific responsibilities (such as approving the appointment of justices' clerks). He appoints a board of visitors to each prison establishment (see p 20). He is advised by the Parole Board on the release of prisoners on licence. The Home Secretary is also responsible for advising the Queen on the exercise of the royal prerogative of mercy to pardon a person convicted of a crime or to remit all or part of a penalty imposed by a court. The Attorney General and the Solicitor General are the Government's principal advisers on English law, and they represent the Crown in appropriate domestic and international cases. They are senior barristers, elected members of the House of Commons and hold ministerial posts. The Attorney General is also Attorney General for Northern Ireland. As well as exercising various civil law functions, the Attorney General has final responsibility for enforcing the criminal law. The Solicitor General is, in effect, the deputy of the Attorney General. As head of the Crown Prosecution Service, the Director of Public Prosecutions is subject to supervision by the Attorney General, as is the Director of the Serious Fraud Office. Scotland The Secretary of State for Scotland recommends the appointment of all judges other than the most senior ones, appoints the staff of the High Court of Justiciary and the Court of Session, and is responsible for the composition, staffing and organisation of the sheriff courts. District courts are staffed and administered by the district and islands local authorities. The Secretary of State is also responsible for the criminal law of Scotland, crime prevention the police, the penal system and legal aid; he is advised on parole matters by the Parole Board for Scotland. The Lord Advocate and the Solicitor General for Scotland are the chief legal advisers to the Government on Scottish questions and the principal representatives of the Crown for the purposes of litigation in Scotland. Both are government ministers. The Lord Advocate is closely concerned with questions of legal policy and administration and is responsible for the Scottish parliamentary draftsmen. He must exercise an independent discretion in carrying out his overall responsibility for the prosecution of crime. Northern Ireland The administration of all courts is the responsibility of the Lord Chancellor, while the Northern Ireland Office, under the Secretary of State, deals with the police and the penal system. The Lord Chancellor has general responsibility for the legal aid and advice scheme in Northern Ireland.