The judiciary and the court system - Key courts and tribunal...

Learning Outcomes

This article explains the judiciary and court system of England and Wales, including:

• The hierarchy, structure, composition, and core functions of the main courts and tribunals, from Magistrates’ Courts to the Supreme Court and Upper Tribunal
• How jurisdiction, case allocation, and rights of audience operate across civil, criminal, and family forums, and which advocates may appear where
• Principles for identifying the correct forum (court or tribunal) for typical SQE1 scenarios, based on case type, value, complexity, and urgency
• The distinction between first instance and appellate jurisdictions, standard appeal routes, and when permission is required to appeal
• The statutory and constitutional framework governing court and tribunal structures, including key provisions of the Senior Courts Act 1981, Constitutional Reform Act 2005, and Tribunals, Courts and Enforcement Act 2007
• How the hierarchy of courts and tribunals supports the doctrine of precedent, determining which decisions are binding and how they should be applied in problem questions
• The relationship between courts, tribunals, and the rule of law, including judicial independence, separation of powers, and accountability of public bodies
• Exam-focused techniques for structuring answers on forum selection, jurisdiction, and appeal routes to maximise marks in SQE1 FLK1

SQE1 Syllabus

For SQE1, you are required to understand the judiciary and court system of England and Wales, with a focus on the following syllabus points:

• the hierarchy and roles of the main courts (Supreme Court, Court of Appeal, High Court, Crown Court, County Court, Magistrates’ Court, Family Court)
• the nature and scope of appellate and first instance jurisdictions
• the core structures, chamber system, and jurisdiction of First-tier and Upper Tribunals
• principles for determining the appropriate court or tribunal for various types of legal cases, including value, complexity, and area of law
• the relationship and distinctions between the court system and the tribunal system
• the interaction between core functions: the role of courts in administering justice, upholding the rule of law, and interpreting legislation
• the relationship between the court system and legislative reform, including the impact of recent statutory changes

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which court is the final court of appeal for both civil and criminal cases in England and Wales?
2. What is the main difference between the jurisdiction of the Crown Court and the Magistrates’ Court?
3. Which court would typically hear a high-value commercial dispute at first instance?
4. Name two types of cases commonly heard by tribunals rather than courts.

Introduction

The judiciary and court system of England and Wales form a comprehensive, hierarchical structure vested with the responsibility of interpreting the law, resolving disputes, and maintaining the administration of justice. The system is supported by constitutional principles: parliamentary sovereignty, the rule of law, judicial independence, and separation of powers. Legislation such as the Senior Courts Act 1981, Constitutional Reform Act 2005, and Tribunals, Courts and Enforcement Act 2007, as well as centuries of case law and convention, define the structure and authority of courts and tribunals.

Key Term: judiciary
The judiciary refers to the various types of judges and judicial office holders empowered to interpret and apply the law in courts and tribunals.

Key Term: judicial hierarchy
The judicial hierarchy is the structured ranking of judges and magistrates, ordered according to powers, responsibilities, and the level of court in which they preside.

The Judicial Hierarchy

Within England and Wales, the judicial hierarchy encompasses a spectrum of judicial office holders, from lay magistrates through to Justices of the Supreme Court. More senior judges preside in higher courts with wider powers and greater authority. At the apex is the Lord Chief Justice, followed by Heads of Division, Lord/Lady Justices of Appeal, puisne High Court Judges, and so on, down to Recorders, District Judges, Deputy District Judges, and Lay Magistrates.

This hierarchy is important—not only does it shape the distribution of judicial decision-making power, but it also supports the doctrine of precedent and ensures proper channels of appeal and review.

The Court Structure

The courts of England and Wales are organised into a clear hierarchy, with each court exercising jurisdiction according to defined subject matter, value, complexity, and whether the dispute is civil or criminal. The hierarchy is preserved by both statutory law and well-established custom, with higher courts binding the decisions of lower courts, and only the Supreme Court having authority to depart from its own precedents in matters of clear necessity.

Key Term: court hierarchy
The court hierarchy is the ranking of courts by their authority to hear cases, issue rulings, and set binding precedent over subordinate courts.

The Supreme Court

The Supreme Court of the United Kingdom, established by the Constitutional Reform Act 2005 and operational since 2009, is the highest court in the legal system for both criminal cases from England, Wales and Northern Ireland, and civil cases from the whole of the UK. Its decisions are final and binding on all other courts. The Supreme Court determines appeals that raise points of law of general public importance, typically after certification from the Court of Appeal, or, in rare cases, by 'leapfrog' appeal direct from the High Court or certain tribunals.

The Supreme Court consists of up to 12 Justices, including a President and Deputy President. It sits in larger panels for cases of constitutional significance, or where departure from precedent is possible.

The Court of Appeal

The Court of Appeal sits directly below the Supreme Court and is comprised of two divisions:

• Civil Division: Hears appeals from the High Court, and from the County Court (where the trial was on the multi-track or otherwise of significant value/importance), and from certain tribunals.
• Criminal Division: Hears appeals against conviction and sentence from the Crown Court, as well as certain applications from the Attorney General (such as references on points of law or appeals on unduly lenient sentences).

The divisions are led by the Rolls (Civil Division) and the Lord Chief Justice (Criminal Division) respectively. Panels are typically three judges, but larger benches may sit for cases involving new points of law or reconsideration of precedent. As a rule, the Court of Appeal binds all lower courts and generally follows its own previous decisions, subject to the exceptions in Young v Bristol Aeroplane and—particularly in the Criminal Division—where the interests of justice would demand otherwise.

The High Court

The High Court of Justice serves as a court of both original (first instance) and appellate jurisdiction and is subdivided into three main divisions, each with distinct specialist jurisdictions:

• King's Bench Division (KBD): Deals with high-value, complex disputes concerning contract, tort, commercial law, defamation, and judicial review of public bodies via the Administrative Court. Hosts the Commercial, Admiralty, and Technology and Construction Courts.
• Chancery Division: Deals with equity, company law, insolvency, trusts, tax (notably appeals from HMRC), probate, partnerships, and intellectual property; incorporates the Companies, Patents, and other Business and Property Courts.
• Family Division: Deals with exceptionally complex family matters—international family law, wardship, and rare matters of family law precedent. The Family Division also handles appeals from the Family Court in certain cases.

Appeals from the High Court are usually to the Court of Appeal, but in exceptional cases involving points of law of general public importance, a 'leapfrog' appeal may be made directly to the Supreme Court (subject to strict criteria).

The Crown Court

The Crown Court is a senior court with jurisdiction over serious criminal trials and appeals from the Magistrates’ Court. It is the only court to conduct trials by jury (for indictable and certain either-way offences). It is geographically dispersed, sitting in dozens of centres, and is presided over by High Court judges (for the gravest cases), Circuit Judges, or Recorders.

The Crown Court hears:

• Trials for all indictable-only offences and some either-way offences;
• Appeals from the Magistrates’ Court (conviction, sentence, or other matters);
• Sentencing in cases referred up from the Magistrates’ Court.

The distinction between the Crown Court and Magistrates’ Court is not purely in severity of offence, but also procedural rights: the Crown Court offers access to jury trial, wider sentencing powers, and hears more complex criminal matters.

The County Court

The County Court is the primary court for most civil litigation at first instance, particularly for claims not exceeding £100,000 (or £50,000 for personal injury). It operates from a network of hearing centres and is staffed by Circuit Judges, District Judges, and Deputy District Judges.

The County Court hears:

• Contractual disputes, tort claims, debt recovery
• Probate disputes, bankruptcy, possession cases (including mortgage and landlord/tenant disputes)
• Small claims (under £10,000), fast track (£10,000–£25,000), and multi-track cases (above £25,000 or complex claims, including those up to £100,000)
• Certain family cases, though these are usually now transferred to the Family Court

County Court decisions are appealable depending on which level of judge heard the case—typically to a more senior judge within the County Court or the High Court.

The Magistrates’ Court

The Magistrates’ Court, staffed by Lay Magistrates (Justices of the Peace) and District Judges, is the lowest tier of criminal court and deals with the majority of criminal cases—over 90% conclude here without need for jury trial or Crown Court proceedings.

Jurisdiction includes:

• Summary offences (minor criminal offences)
• Some triable either way offences (where the value, complexity, or seriousness is low to moderate)
• Preliminary hearings for more serious offences to be tried on indictment
• Youth Court (for offenders aged 10–17), with its own specific procedures
• Certain civil powers (e.g. minor licensing, local government applications)

The Magistrates’ Court is also responsible for issuing summonses and warrants, as well as handling applications for bail.

The Family Court

Created in 2014, the Family Court centralises most family jurisdiction that was previously split between County Courts, Magistrates’ Courts, and the High Court. It deals with divorce, financial remedies, public and private law children proceedings, care proceedings, and adoption.

Complex or high-profile family law matters, including international child abduction or those involving significant legal issues, may be transferred to the Family Division of the High Court.

Rights of Audience

Key Term: rights of audience
Rights of audience denote the entitlement of a legal representative to represent parties in court. Solicitors and barristers are both granted rights of audience in the lower courts, but only barristers and solicitors with higher rights of audience (after further training and assessment) may represent clients in higher courts (Crown Court, High Court, Court of Appeal, Supreme Court).

Table summarising rights of audience:

Appellate and First Instance Jurisdiction

Key Term: appellate jurisdiction
This refers to the power of a court to hear and determine appeals from decisions of lower courts or tribunals.

Key Term: first instance jurisdiction
This is the authority of a court to hear and decide a case at trial, considering facts for the first time, rather than reviewing a lower court’s decision.

First instance jurisdiction lies with the Magistrates’ Court (criminal), Crown Court (serious criminal), County Court (civil, family), High Court (serious, high-value, specialised, or complex civil/family), and Family Court. The majority of litigation proceeds from these courts through the appeals process, governed by principles found in the Civil Procedure Rules and Criminal Procedure Rules.

Appeals follow the structure of the court hierarchy and are subject to permission being granted (for civil cases), or specific statutory rights of appeal (criminal and family cases).

The Tribunal System

Key Term: tribunal
Tribunals are specialist judicial bodies designed to resolve disputes within specific, sometimes technical, areas—ranging from social security, immigration, and tax to employment, health, and property.

The Tribunals, Courts and Enforcement Act 2007 has created a unified, two-tier system:

• First-tier Tribunal: Acts as the initial forum for a wide range of specialist disputes. It is divided into Chambers according to subject matter, including the General Regulatory Chamber, Social Entitlement Chamber, Health, Education and Social Care Chamber, Tax Chamber, Immigration and Asylum Chamber, and Property Chamber. Each Chamber contains specialist judges and, where appropriate, expert lay members.

• Upper Tribunal: Hears appeals on points of law from the First-tier Tribunal and is organised into parallel Chambers. The Upper Tribunal also has original jurisdiction in some matters and is itself a superior court of record, equivalent to the High Court in some respects for certain case types.

Decision-making in tribunals is typically less formal than in the courts, but procedural fairness and independence are preserved. Tribunal decisions can be appealed (on points of law) to the Upper Tribunal, and further (with permission) to the Court of Appeal.

Employment Tribunals

Employment Tribunals stand alongside the court system to hear cases concerning employment rights, unfair dismissal, discrimination, and related statutory matters. Appeals from Employment Tribunals are heard by the Employment Appeal Tribunal, itself a senior tribunal whose decisions may be appealed to the Court of Appeal.

Determining the Appropriate Forum

Choosing the correct forum for a dispute is critical. Factual circumstances—nature of the case, subject matter, value, and complexity—determine where litigation, or application, should be commenced. Statutory provisions, procedural rules, and practice directions provide further guidance.

• High-value or complex civil or commercial cases (often over £100,000): High Court
• Ordinary civil disputes or less complex matters up to £100,000: County Court
• Personal injury claims: up to £50,000 in County Court; over that value or complexity, High Court
• Serious criminal offences: Crown Court
• Minor or summary criminal matters: Magistrates’ Court
• Family law: most cases in the Family Court; complex or international matters in the High Court, Family Division
• Specialist areas (tax, immigration, health): appropriate tribunal Chamber

Most matters involving regulatory or public law may give rise to parallel judicial review applications in the Administrative Court (a specialist part of the King's Bench Division of the High Court).

Worked examples:

Worked Example 1.1

A client wishes to challenge a government department’s refusal to grant a licence. Which forum is appropriate?

Answer:
The client should seek judicial review by applying to the Administrative Court—part of the King’s Bench Division of the High Court, specialising in the supervision of lower courts, tribunals, and public authorities, and exercising powers under the Senior Courts Act 1981.

Worked Example 1.2

A taxpayer disputes a tax assessment by HMRC. Where should the dispute be heard?

Answer:
The taxpayer should appeal to the First-tier Tribunal (Tax Chamber). Further appeals may be made to the Upper Tribunal and, on points of law, to the Court of Appeal.

Worked Example 1.3

A defendant is charged with theft, an indictable offence. Where will the trial take place?

Answer:
The trial will take place in the Crown Court, with prosecution by the Crown Prosecution Service. A jury of 12 will determine the defendant’s guilt, presided over by a judge with sentencing authority.

The Role of Precedent

The operation of the court hierarchy directly supports the doctrine of precedent (stare decisis), a foundational element of English law. Decisions of higher courts (especially the Supreme Court and Court of Appeal) bind lower courts. Only the Supreme Court can depart from its own previous decisions, using the Practice Statement 1966 as authority for such departures ‘when it appears right to do so’.

• The Supreme Court binds all other courts
• The Court of Appeal binds the High Court, the Crown Court, County Court, Family Court, and itself in most cases (subject to limited exceptions, including conflicting decisions and cases of manifest injustice, especially in criminal law)
• The High Court binds County Court, Family Court, and itself (in appellate matters)
• Lower courts (County Court, Magistrates’ Court, Family Court) are bound by all higher court precedents but do not create binding precedent

This structure sustains consistency and predictability in the interpretation and application of law across England and Wales.

Key Term: doctrine of precedent
The doctrine of precedent ensures consistency and certainty in the law by requiring lower courts to follow legal principles established by higher courts in earlier decisions.

The Interface with Legislation and the Constitution

The court and tribunal systems do not exist in isolation but are core elements of the UK’s constitutional order. The structure and jurisdiction of the courts are legislated by the Senior Courts Act 1981, Constitutional Reform Act 2005, Tribunals, Courts and Enforcement Act 2007, and supporting laws. Parliament retains the power to amend or reorganise the court hierarchy, allocate and withdraw jurisdiction, and limit or extend the powers of specific courts. Judicial independence is enshrined in statute, and the system supports the function of the rule of law by ensuring all (including the government) are subject to legal accountability.

The courts play an essential constitutional role in interpreting Acts of Parliament (subject to parliamentary sovereignty), reviewing the legality of government action (through judicial review), and protecting fundamental rights (e.g., via the Human Rights Act 1998). Only in exceptional circumstances, e.g., where Acts may be incompatible with ECHR rights, may the courts make a formal declaration of incompatibility, leaving it to Parliament to respond.

The Modern Role of Tribunals: Purpose and Distinctions

Tribunals form an important part of the UK’s approach to dispute resolution for specialist, high-volume, or technical matters. They arose to deliver accessible, informal, and expert adjudication, especially in areas where the formal courts would not be efficient or cost-effective (e.g., welfare benefits, land disputes, immigration). The consolidation of the tribunal system since 2007 has introduced coherence, professional standards, and clearer appeals mechanisms, reflecting the importance of administrative justice and the right to challenge executive action outside the ordinary courts.

Key Term: administrative justice
Administrative justice is the fair, efficient, and open resolution of disputes between individuals and the public sector, encompassing the role of tribunals and mechanisms of redress apart from the traditional courts.

Relationship Between Courts, Tribunals, and the Rule of Law

The judiciary, operating through a structured system of courts and tribunals, is essential to the maintenance of the rule of law, as defined by Dicey and later theorists. Courts ensure the legal limits of government power are observed, individual rights respected, and legal redress made available through independent, impartial decision-making—a principle echoed in both constitutional law and the Human Rights Act 1998.

The acts and omissions of courts and tribunals are themselves subject to review and accountability. Courts have the capacity—through the appeals process and judicial review—to oversee, and occasionally overturn, the decisions of tribunals and public authorities, thus reinforcing constitutional safeguards and accountability.

Summary

The court system of England and Wales is a structured hierarchy, with designated functions, jurisdictions, and routes of appeal for each court. The Supreme Court stands as the highest appellate body, followed by the Court of Appeal, High Court, Crown Court, County Court, Magistrates’ Court, and Family Court. Each plays a defined role in the administration of justice, with rules articulated in legislation and shaped by the doctrine of precedent. Tribunals, as specialist bodies, operate alongside courts to resolve technical or high-volume disputes outside the traditional adversarial model, ensuring accessible and expert justice. The relationship between courts, tribunals, and the constitution upholds fundamental principles: judicial independence, the rule of law, and legal accountability, safeguarding both substantive and procedural justice.

Key Point Checklist

This article has covered the following key knowledge points:

• The judiciary is ordered in a hierarchy, with powers and roles increasing with seniority.
• The court system is explicitly hierarchical, with each level of court having distinct roles, jurisdictions, and routes of appeal.
• The Supreme Court is the highest court; its decisions are binding on all lower courts.
• The Court of Appeal hears appeals from the High Court, Crown Court, County Court, and specified tribunals, and is generally bound by its own precedents.
• The High Court is divided into three specialist divisions: King's Bench (including the Administrative Court for judicial review), Chancery, and Family.
• The Crown Court tries the most serious criminal cases; the Magistrates’ Court deals with summary and lesser offences.
• The County Court and Family Court (for most first instance civil and family cases, respectively) serve as entry points for the majority of disputes.
• Tribunals provide specialised and accessible forums—organised under a unified, chambered structure—for areas such as tax, immigration, health, and employment.
• The doctrine of precedent operates vertically throughout the system, guaranteeing consistency, legal certainty, and fairness.
• The structure, jurisdiction, and relationship between courts and tribunals reflect the principles of parliamentary sovereignty, the rule of law, and constitutional accountability.

Key Terms and Concepts

• judiciary
• judicial hierarchy
• court hierarchy
• tribunal
• rights of audience
• appellate jurisdiction
• first instance jurisdiction
• doctrine of precedent
• administrative justice