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