3. The uk Judiciary

The British judicial branch is extremely complex. Unlike most countries which operate a single system of law, the UK operates three separate legal systems: one for England and Wales, one for Scotland, and one for Northern Ireland. Although bound by similar principles, these systems differ in form and the manner of operation.

3.1. The Court System of England and Wales

Her Majesty’s Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they are constituted and governed by the Law of England and Wales and are subordinate to the Parliament of the United Kingdom.

3.1.1. Supreme Court of the United Kingdom

The Constitutional Reform Act 2005 created a new Supreme Court of the United Kingdom to take over the judicial functions of the House of Lords and devolution cases from the Judicial Committee of the Privy Council. It startedwork on 1 October 2009. The courtisthe supreme court (court of last resort, highest appellate court) in all matters under English law, Welsh law (to the extent that the National Assembly for Wales makes laws for Wales that differ from those in England) and Northern Irish law. Itdoesnot have authority over criminal cases in Scotland. The Court's focusison cases which raise points of law of general public importance. Like theformerAppellate Committee of the House of Lords, appeals from many fields of law are likely to be selected for hearing — including commercial disputes, family matters, judicial review claims against public authorities and issues under the Human Rights Act 1998. The Lords of Appeal in Ordinary (Law Lords) who held office on 1 October 2009werethe first justices of the 12-member Supreme Court.

3.1.2. Senior Courts of England and Wales

• Court of Appeal

• High Court of Justice

• Crown Court

3.1.2.1. Court of Appeal

The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above it.

The Court is divided into two Divisions: the Civil Division and the Criminal Division. The Civil Division hears appeals from the High Court and County Court and certain superior tribunals, while the Criminal Division may only hear appeals from the Crown Court connected with a trial on indictment (i.e. trial by judge and jury; the jury is only present if the defendant pleads “not guilty”).

3.1.2.2. High Court

The High Court of Justice functions as a civil court of first instance, dealing with all cases of high value and importance. The High Court consists of three main divisions: the Queen’s Bench Division, the Chancery Division and the Family Division. These divisions of the High Court are not separate courts.

The Queen’s Bench Division– or King’s Bench Division when the monarch is a King – has two roles. It hears a wide range of contract law and personal injury/general negligence cases, but also has special responsibility as a supervisory court.

The Chancery Divisiondeals with business law, trusts law, probate law, and land law in relation to issues of equity. In addition it has specialist courts within it which deal with intellectual property and company law. All tax appeals are assigned to the Chancery Division.

The Family Divisiondeals with matters such as divorce, children, probate and medical treatment.