Unit 23 – Aspects of the Legal
System and Law Making
Process
B T E C N AT I O N A L 9 0 C R E D I T D I P L O M A I N
BUSINESS
2013-14
SU WRIGHT

By the end of the session, the learner:
 MUST be able to: List the hierarchy of the civil

courts in the correct order
 SHOULD be able to: Describe the work of each of the civil courts in the hierarchy
 MAY be able to: Describe the appeal process of the civil courts

Civil Courts

Civil Law
 Civil disputes are generally between:
 Individuals
 Partnerships
 Companies
 Local or national Government departments
 The dispute will be between the claimant and the

defendant.
 The claimant will issue proceedings against the defendant for some form of loss or harm suffered.
 The defendant is the party who is alleged to have caused this loss or harm.

Courts of First Instance

Magistrates’ Court
 The main jurisdiction of the magistrates’ court is as

a criminal court.
 It does have some civil jurisdiction:
 Most family matters (except divorce);
 Recovery of unpaid council tax;
 Charges for water, gas and electricity;
 Granting licences for gambling or sale of alcohol. County Court
 Deals with many types of civil dispute – such as:

contracts, torts, bankruptcy, property, divorce.
 There are approximately 250 county courts in
England and Wales.
 Dealt with by a judge or district judge.
 Depending on the value of the case, it will be dealt with by a different track:
 Small Claims Track – claims of under £5,000;
 Fast Track – claims between £5,000 and £15,000;
 Multi Track – claims over £15,000 (can be transferred to the High Court).

High Court
 The High Court has three divisions:
 Queen’s Bench Division [contract and tort cases];
 Family Division [all aspects of family matters];
 Chancery Division [cases concerning equity].
 Cases allocated to the Multi Track are likely to be

heard in the High Court.
 Approx. 120 High Court Judges [known as Puisne judges].  In court, a High Court judge is referred to as My
Lord or My Lordship if male, or as My Lady or Your
Ladyship if female.

Appellate Courts

High Court (as an Appeal Court)
 Queen’s Bench Divisional Court:
 Judicial Review;
 May hear appeals on a point of law by way of case stated

from Magistrates’ Court, Crown Court or tribunal;
 Family Divisional Court:
 Hears appeals from the decisions on Magistrates’ Courts and County Courts in respect