The Chancery section also deals with disputes involving copyright; partnerships; patents; execution of trusts; charities; inheritance; and the administration of estates.
The Bankruptcy Office deals with all matters relating to insolvency. The Companies Office deals with all matters relating to the Companies Order including: winding up petitions, insolvent partnerships, and disqualification of directors. A public search facility is available to enable customers to conduct online searches relating to Bankruptcy and Companies cases.
Collectively these Offices are referred to as The Central Office. The Office is also responsible for providing adequately trained staff to act as Court registrars in all Queen's Bench actions and appeals. The office also has overall responsibility for compiling the daily Court List. This involves, collating business listed across all the High Court Divisions on a daily basis.
The Listing Officer must ensure that business is allocated to appropriate Judges and that adequate courtrooms are available.
This office deals with all bail applications, i. One of the ten puisne Judges has been assigned as the Commercial Judge. The Judge supervises the listing, interlocutory matters matters which require to be dealt with prior to the full hearing and disposal of those actions. A review of each action is held on a regular basis to ensure progress is maintained.
Judicial Reviews are cases where the Court considers if the decision reached by an inferior court, Tribunal or public body or Government Minister followed the proper procedure.
This office deals with all work associated with applications made to HM Court of Appeal, listing of cases for trial and transcripts. It is possible, however, for High Court judges to disagree and for them to reach different conclusions as to the law in a particular area. The question then becomes — how is a later High Court judge to select which precedent to follow? It is usually accepted, although it is not a rule of law, that where the later decision has actually considered the previous one and has given a reason for not following it, then that is the judgment which later High Court judges should follow.
Conflicting decisions at the level of the High Court can, of course, be authoritatively decided by reference upwards to the Court of Appeal and then, if necessary, to the House of Lords, but when the cost of such appeals is borne in mind, it is apparent why, even on economic grounds alone, it is important for High Court judges not to treat their discretion as a licence to destabilise the law in a given area.
In relation to conflicting judgments at the level of the Court of Appeal, the High Court judge is required to follow the later decision. Crown Courts, County Courts and magistrates' courts cannot create precedent and their decisions can never amount to more than persuasive authority.
The Crown Court tries more serious criminal cases, as well as hearing appeals from the magistrates' courts. Crown Courts sit in over 90 permanent centres throughout England and Wales, each centre being designated as first, second or third tier, reflecting the seriousness of the offences tried.
County and district boundaries have no statutory significance in determining where a case should be heard. Most Crown Court cases are heard at the centre most convenient to the magistrates' court which committed the case for trial. The County Court deals primarily with civil law, so it doesn't fight crime in the same way as the criminal courts in England and Wales.
Despite their name, the County Courts do not fit within county boundaries in England and Wales and in fact the County Courts are scattered around the towns and cities that require their services. The case may be tried either by at least two, but usually three, lay magistrates, or by a district judge who sits alone.
Until August these district judges were known as stipendiary magistrates, but were renamed in order to recognise them as members of the professional judiciary, as they are legally qualified and salaried. Activity 9 asks you to use your knowledge from Reading 2, what you have studied in this course so far and your own everyday experiences to summarise the principal advantages and disadvantages of the doctrine of precedent. You may find some of the language of the Reading a little difficult, but don't worry.
It is not necessary for you to understand all that is being said, you simply have to identify and summarise the main good and bad points of the doctrine of precedent. Now click here [ Tip: hold Ctrl and click a link to open it in a new tab. Hide tip ] to read the document Reading 1 PDF, 0. Consistency and fairness in the law — This refers to the fact that cases are decided on a like-for-like basis and are not subject to the whim of the individual judge deciding the case in question.
This aspect of formal justice is important in justifying the decisions taken in particular cases. Certainty — Lawyers and their clients are able to predict what the outcome of a particular legal question is likely to be in the light of previous judicial decisions.
Also, once the legal rule has been established in one case, individuals can orient their behaviour with regard to that rule relatively secure in the knowledge that it will not be changed by some later court.
Efficiency — This refers to the fact that it saves the time of the judiciary, lawyers and their clients if cases do not have to be re-argued. Flexibility — This refers to the various mechanisms, by means of which the judges can manipulate the common law and thus allow the development of the law in particular areas without waiting for Parliament to enact legislation.
Uncertainty — This refers to the fact that the degree of certainty presented by the doctrine of stare decisis is undermined by the huge number of cases that have been reported and can be cited as authorities. With so many rules and slightly different interpretations of them in thousands of cases, it is not always easy to see which interpretation a court will give the law in your case.
This uncertainty is increased by the ability of the judiciary to select which authority to follow through use of the mechanism of distinguishing cases on their facts.
You will see some examples of the uncertainty which can be generated by case law when you attempt Activity Fixity — This refers to the possibility that the law in relation to any particular area may become inflexible on the basis of an unjust precedent, with the consequence that previous injustices are perpetuated. An example of this is the long delay before the courts were willing to change the law and say that marital rape was a crime.
Since the s, arguments had been put to the courts on behalf of women raped by their husbands but the law was only amended by the House of Lords in We will examine this House of Lords judgment later in the course. Unconstitutionality — This is a fundamental question that refers to the fact that the judiciary are overstepping their theoretical constitutional role by actually making law rather than restricting themselves to the role of simply applying it.
This includes cookies from third party social media websites and Google to track your use of this website. However, you can change your cookie settings at any time. Proceedings tend to be less formal, with barristers and solicitors only needing to wear business suits rather than wigs and gowns, and are generally dealt with quite quickly.
Criminal barristers are instructed to prosecute and defend in these courts daily, particularly in the early stages of their careers. If the lower court decides the offence is so serious that it can only be tried in the Crown Court, then it will be sent there. However, if the lower court decides it can retain jurisdiction then the defendant has the option of electing trial by jury in the Crown Court.
The Crown Court tries those criminal matters where the defendant has elected trial on an either-way offence, or where the matter is indictable only so serious that they can only be tried in a Crown Court.
The Crown Court can impose maximum penalties of a potentially unlimited fine that is, there is no upper limit to the amount the court can ask or life imprisonment. Unlike the lower courts, the person who makes a decision about matters of fact in the Crown Court is a panel of twelve randomly selected members of the public, sitting as a jury.
The Judge makes decisions about the law, and is charged with overseeing proceedings, ensuring that both sides have a fair trial and adjudicating on any matters of law that may arise. For example, if one side wants to show the jury evidence which relies on hearsay, or which illustrates the bad character of another party, the Judge will hear submissions from both sides to decide whether or not this material goes before the jury.
Barristers and judges in these courts wear special wigs and gowns and conduct themselves in a particular way. The Crown Court.
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