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courts

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › courts

  • This topic has 1 reply, 2 voices, and was last updated 5 months ago by MikeLittle.
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    Posts
  • January 2, 2022 at 11:25 am #645186
    AlinaaF
    • Topics: 21
    • Replies: 9
    • ☆

    Is it true that lower courts appeal to higher courts in the following ways:

    1) Supreme court
    supreme court hear appeals from court of appeal and high court

    2) Court of appeal
    court of appeal hear appeals from high court and county court

    3) High court
    high court hear appeals from magistrate court and county court

    High court divisions:
    a) Queen’s bench division
    b) Family division
    c) Chancery division

    Queen bench division / Family division / Chancery division all of them:
    Hear appeals from supreme court and court of appeal for civil cases. BUT hear appeals from supreme court for criminal cases)

    4) Crown court
    (crown court hear appeals from magistrate court only)

    a) Magistrate court
    (it does not hear appeals from higher courts)

    b) County court
    (it does not hear appeals from higher courts)

    Is it correct that English court normally bound to follow a ratio of a court at the same level. This means that any court within the same level has to follow its precedent (but which court normally on the same levels?)

    Please correct me if I am wrong anywhere. Thanks

    January 13, 2022 at 11:24 am #645850
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22557
    • ☆☆☆☆☆

    You were fine until you got here!

    “Queen bench division / Family division / Chancery division all of them:
    Hear appeals from supreme court and court of appeal for civil cases. BUT hear appeals from supreme court for criminal cases)”

    Supreme Court apppeals to no-one and Court of Appeal only goes upwards to Supreme Court

    “a) Magistrate court
    (it does not hear appeals from higher courts)” – NO court hears appeals from higher courts!

    “Is it correct that English court normally bound to follow a ratio of a court at the same level. This means that any court within the same level has to follow its precedent (but which court normally on the same levels?)”

    Yes, basically correct with the (very) rare exception that the Supreme Court is not bound by its own previous decisions

    Whose on the same level? The County Court in one case is on the same level as the County Court in a case from 20 years ago … and that’s the same for all the various courts

    Clearer?

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