Courts

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1 Hierarchy of the Courts

• Pre-exit and post-transition CJEU case law

  • Pre-exit CJEU case law forms part of assimilated case law and remains subject to the statutory departure rules

  • Post-transition CJEU decisions are not binding

• Courts may have regard to post-transition CJEU decisions where relevant

  • Higher courts have statutory powers to depart from assimilated case law

  • The weight of later CJEU decisions depends on their relevance and persuasiveness

• Supreme Court (judicial capacity) (SC)

  • Binds all English courts, but not itself

Court of Appeal (C of A)

• Binds all lower courts

• Bound by SC

• Its decisions are generally persuasive, rather than strictly binding, on other High Court judges ……..

• ……..unless

  • Two similar decisions conflict – must then decide which to follow

  • Earlier decision conflicts with a later SC decision

  • Earlier decision made per incuriam

• High Court (HC)

  • 3 divisions: King’s Bench, Chancery and Family

  • Binds all lower courts

  • Bound by all higher courts

  • Its decisions are generally persuasive, rather than strictly binding, on other High Court judges

• Crown Court (Crown C)

  • Criminal cases

  • Binds no-one, not even itself

  • Bound by all higher courts

• County Court (County C)

  • Civil cases

  • Binds no-one, not even itself

  • Bound by all higher courts

2 Hierarchy of the Courts continued

• Magistrates Courts (MC)

  • Binds no-one, not even itself

  • Bound by all higher courts

• Tribunals (eg Employment Tribunal)

  • Less formal procedures

  • Quicker

  • Hears disputes between employees and employers

  • Can appeal to ….

• Employment Appeal Tribunal (EAT)

  • EAT decisions bind Employment Tribunals

  • Appeals from the EAT proceed to the Court of Appeal

  • But only on a point of law, not on a matter of fact

3 Tracking

• 4 case-management tracks: small claims, fast, intermediate and multi-track

• Small claims track

  • not more than £10,000

  • Quick

  • Informal

  • No need for legal representation

• Fast Track

  • normally more than £10,000 and not Intermediate track

• Intermediate Track

  • normally £25,000–£100,000 where suitable

• Multi-Track

  • More complex or higher-value claims

  • Trial will last < 1 day

  • Less formal court procedures

• The court sets a timetable appropriate to the case

• Intermediate and multi-track

• Full court hearing, but management conference held to encourage alternative dispute resolution