Chapter 3. Court Structure, Hierarchy, and Rights of Audience

The Civil Court Structure

The judicial architecture of England and Wales is meticulously designed to reflect the complexity and diversity of legal matters it governs. At its core, the structure is tiered, providing a framework for the orderly administration of justice.

Civil courts resolve disputes that typically arise from contractual, property, or personal issues. The system is tiered to handle cases ranging from minor financial disputes to complex litigation.

1.1 County Court

The County Court is the workhorse of the civil justice system, handling a range of civil disputes. Typically, this court deals with claims where the potential award does not exceed £50,000. Judges presiding over these matters include circuit judges and district judges.

The court employs a track system to manage cases:

• Small Claims Track. For disputes involving sums not exceeding £10,000, or £1,000 for personal injury claims. The process is designed to be simple enough for individuals to pursue claims without legal representation.
• Fast Track. For claims where the value is between £10,000 and £25,000, or up to £10,000 for personal injury claims. These cases are expected to be relatively straightforward and resolved quickly.
• Multi-Track. For claims that exceed the Fast Track limit but do not surpass the general County Court cap of £50,000, or for cases that are too intricate for the Fast Track. These cases require intensive case management due to their value or complexity.

"In a scenario where a tenant defaults on rent, accruing a debt of £6,000 over six months, the landlord could initiate a claim in the County Court."

Given the sum involved, the case would typically be allocated to the Small Claims Track, offering a cost-effective and relatively expeditious resolution.

1.2 High Court

The High Court is reserved for the most complex and significant civil cases. It also hears appeals from lower courts.

High Court judges, also known as justices or puisne judges, are appointed to one of three divisions, each specialising in different areas of law:

• Queen’s Bench Division. Handles a broad range of civil law cases, particularly those involving personal injury and negligence claims over £50,000, as well as other claims exceeding £100,000. The Administrative Court, part of the Queen’s Bench Division, deals with judicial reviews challenging government decisions.
• Chancery Division. Specialises in issues related to business law, such as trusts, estates, and intellectual property.
• Family Division. Manages cases involving family matters, including divorce, child custody, and adoption.

Each division employs procedures tailored to the nature of the cases they oversee, ensuring specialised and informed judicial consideration.

Alternatives To The Civil Courts

In civil law, parties have several options outside of traditional court proceedings to resolve disputes:

• Mediation. A mediator assists the parties in reaching a mutually agreeable resolution. This non-binding process is favoured for preserving relationships between parties.
• Arbitration. An arbitrator hears the dispute and makes a binding decision. This process is more formal than mediation but can be quicker and less costly than court proceedings.
• Negotiated Settlement. Parties work out a settlement directly, often with legal counsel's guidance. This method avoids third-party intervention and court costs.

The Criminal Court Structure

The criminal court system begins with the Magistrates' Court and escalates to the Crown Court for more serious offences:

• Magistrates' Court. Handles all summary offences, some minor 'either way' offences, and initial proceedings for all criminal cases.
• Crown Court. Deals with indictable offences and more serious 'either way' offences where a defendant elects for jury trial. It also hears appeals from the Magistrates' Court.

The structure of the courts, from the County Court to the Crown Court, reflects a clear gradation of authority, providing a hierarchical path for appeals and ensuring that cases are heard by appropriately experienced and specialised judiciary.

3.1 Magistrates’ Court

At the base of the criminal court hierarchy is the Magistrates’ Court. These courts either consist of a panel of lay magistrates, who are trained volunteers without formal legal qualifications, or a professional district judge.

The Magistrates’ Court deals with summary offences and some less serious 'either way' offences. It has the authority to impose maximum penalties of six months' imprisonment for a single offence (or 12 months cumulatively for multiple offences) and/or fines up to £5,000.

3.2 Crown Court

Above the Magistrates’ Court is the Crown Court, which handles serious criminal cases, including all indictable offences and 'either way' offences where the defendant elects or is required to have a jury trial.

The Crown Court is presided over by High Court judges, circuit judges, and recorders. The Crown Court has the power to impose much more substantial sentences than the Magistrates’ Court.

3.2.1 The Jury

The cornerstone of the Crown Court is the jury system. Jurors are randomly selected members of the public aged between 18 and 70 from the electoral register. They are tasked with evaluating the evidence presented during the trial and delivering a verdict of guilty or not guilty.

In rare cases involving national security, such as terrorism, the jury selection process may be subject to vetting. Jurors are obligated to keep their deliberations confidential, and it's a serious offence to disclose these discussions.

Solicitors’ Rights Of Audience

In the legal landscape of England and Wales, solicitors generally have the right of audience in the lower courts, which includes the Magistrates’ Court, the County Court, and the Family Court.

However, to represent clients in the higher courts such as the Crown Court, High Court, Court of Appeal, and the Supreme Court, solicitors must obtain additional qualifications and be granted higher rights of audience by the Solicitors Regulation Authority.