Overview of UK courts and tribunals system

The courts in the UK serve

two functions. They are a
mechanism that people can
use to resolve disputes, but
they also interpret the law. A
decision in a case not only
resolves the dispute between
the parties to that particular
case, but in many
circumstances can also
provide guidance to others as
to how the law will be
interpreted by the courts.
Many of the basic principles
of UK law have arisen out of
decisions of the courts rather
than statutes passed by the
legislature.
The interpretive function of the courts becomes more significant as a case moves up the court hierarchy. So a
Supreme Court decision that is published and cited as authority in other cases will have a more farreaching
effect than, say, an unpublished tribunal decision that simply applies wellestablished law and is really only of
significance to the parties to that particular case.
There are a wide variety of different types of courts and tribunals in the UK, some of which are highly
specialised and deal only with certain types of matters. !ut all of the courts and tribunals fall, more or less, into
a fairly welldefined hierarchy. This overview provides a brief description of the various levels of courts and
tribunals in the UK, starting with the Supreme Court at the top.
"ne final note# as you may already $now, the UK has three legal systems %i.e., &ngland and 'ales, (orthern
)reland, and Scotland*. 'hile the courts in (orthern )reland may have the same names and structure as the
courts in &ngland and 'ales, they are governed by different laws. +or the purposes of this overview, however,
we,ve lumped them together.
Supreme Court of the United Kingdom
"n - "ctober .//0, the Supreme Court of the United Kingdom assumed 1urisdiction as the highest and final
court of appeal for all cases originating in the United Kingdom %e2cept for most Scottish criminal cases, for
which the final court of appeal remains the Scottish 3igh Court of 4usticiary*.
Under the Constitutional 5eform Act .//6, the Supreme Court too$ over functions previously from the
Appellate Committee of the 3ouse of 7ords.
&ssentially, the Supreme Court hears and decides appeals from lower courts on matters that are of general
public importance. +or e2ample, if there is an unresolved 8uestion about how a particular statute is to be
interpreted, the Supreme Court might hear an appeal that raises that point in order to try to settle the uncertainty
surrounding it.
The Supreme Court hears appeals of all type of civil cases and all criminal cases %e2cept, as mentioned, ones
criminal cases from Scotland*.
Court of Appeal of England and Wales / Court of Appeal of Northern Ireland
+or most cases in &ngland and 'ales, and (orthern )reland, the Court of Appeal will be the final court of
appeal. The Court of Appeal is split into the Criminal 9ivision and the Civil 9ivision, with its 1urisdiction
divided accordingly.
High Court of Justiciary Scotland!
Sitting as the Court of Criminal Appeal , the 3igh Court of 4usticiary is normally the final court of appeal for
criminal cases arising in Scotland. %(!. )n cases involving :devolution issues:, however, you may have a right
to appeal above the 3igh Court of 4usticiary to the ;rivy Council, located in the Supreme Court !uilding in
7ondon.* The 3igh Court may also sit as a court of first instance in more serious or comple2 Scottish criminal
cases.
Inner House of the Court of Session Scotland!
Thus is the final court of appeal for civil claims in Scotland before matters go to the Supreme Court for the
United Kingdom. (ote, in rare cases, the Court may also stand as a court of first instance.
High Court of Justice of England and Wales / High Court of Justice of Northern Ireland
The 3igh Court is both an appellate court %for certain decisions from lower courts and tribunals* and a court of
first instance for cases of particular significance or value.
The 3igh Court has three divisions, which are the <ueen,s !ench 9ivision, the Chancery 9ivision and the
+amily 9ivision. The "ueen#s $ench %i&ision hears cases involving contract and tort law matters, and also
houses the Commercial Court and the Administrative Court %among others*. The Chancery %i&ision handles
cases involving trust law, probate matters, ta2 and ban$ruptcy, and houses the Companies Court and the ;atents
Court. The 'amily %i&ision handles matrimonial and other family law cases.
(uter House of the Court of Session Scotland!
=eneral trial court for civil matters in Scotland. Usually handles more comple2 and higher value claims. Also
conducts 1udicial review of decisions>actions in inferior Scottish courts>tribunals %including criminal cases*.
County Court England and Wales) Northern Ireland!
Most civil litigation ta$es place in the County Courts. 5outine contract and tort matters, and cases involving,
say, debt collection or a :slip and fall: accident are almost always within the 1urisdiction of the County Courts.
+or the consumer or small business person who gets involved in relatively routine litigation, the County Courts
are li$ely to be the venue.
Sheriffs *rincipal Scotland!
3ear appeals from Sheriffs, Courts %see below* on civil matters only.
Cro+n Court England and Wales) Northern Ireland!
The Crown Court handles trials of serious criminal offences, or :indictable offences:. An indictable offence is
an offence where the defendant is charged by indictment and normally has a right to a trial by 1ury. The Crown
Court also hears certain appeals from the Magistrates, Courts, and can also be involved in sentencing a person
convicted of a crime in the Magistrates, Courts.
Sheriffs# Court Scotland!
)n Scotland, process either serious %indictable* criminal offences or lower value>less comple2 civil claims.
Appeals go to the Sheriff ;rincipal or Court of Session.
%istrict Courts Scotland!
4ustices of the ;eace preside over trials of relatively minor criminal offences.
,ri-unals
The tribunal system in the UK is e2tensive and handles an e2tremely wide variety of legal issues.
The tribunals are managed by the Tribunals Service, which is an e2ecutive agency of the Ministry of 4ustice.
5ecently, the tribunals have been reorganised, so that many tribunals have now been consolidated into a single
service $nown as the +irstTier Tribunal. The +irstTier Tribunal includes tribunals such as the Mental 3ealth
5eview Tribunal, the )mmigration Services Tribunal, the =eneral and Special Commissioners of 3M 5evenue
? Customs, along with many others.
There is also an Upper Tribunal, which handles appeals of matters heard by the +irstTier Tribunal.
The &mployment Tribunals are not included in the +irstTier Tribunal and Upper Tribunal, but they are also
managed by the Tribunals Service. The &mployment Tribunal is the firststage tribunal for employment matters,
and the &mployment Appeals Tribunal hears appeals from the &mployment Tribunal.
.agistrates# Courts
The Magistrates Courts try summary criminal offences, which are nonindictable offences that the court can try
in a summary manner without a 1ury. The Magistrates Courts also handle certain domestic matters and youth
court matters.
/oing to Court
+or civil disputes, the courts strongly encourage litigants to see the courts as a last resort, after negotiation,
mediation or other means of alternative dispute resolution have failed. =oing to court inevitably involves the
ris$ of cost e2posure, and represents a significant commitment of time and energy that can be a serious
distraction for, say, a small business person or an individual with a family, a 1ob or other similar responsibilities.
)f you find that you have no choice but to ta$e a civil matter to court, then you will almost certainly need good
legal advice. Although there are mechanisms, such as the small claims procedure in the County Courts, for do
ityourself litigation in very simple matters, most litigation re8uires advice. The ine2perienced %or even
e2perienced* 9)@ litigant can very 8uic$ly find himself out of his depth and with substantial e2posure to costs.