Keenan and Riches’BUSINESS LAW

Chapter 3Resolving disputes

(c)A Commercial Courtdeals with disputes concerning
insurance, banking and the interpretation of commer-
cial documents.

(d)An Admiralty Courtdeals with admiralty actions
arising out of, for example, collisions at sea and salvage.

(e)A Technology and Construction Court (formerly
known as the Official Referee’s Court) deals with cases
involving technical issues, such as construction and
engineering disputes.

The Divisional Court of the Queen’s Bench Division
hears the following matters:

(a)Civil appeals(other than in matrimonial proceed-
ings) by way of case stated from the magistrates’ court
and from the Crown Court.

(b)Judicial reviewof the actions of inferior courts, tri-
bunals and administrative bodies. For this purpose, the
court may make a mandatory order, a prohibiting order,
a quashing order or grant an injunction to restrain a
person from acting in an office to which he or she is not
entitled to act. If someone has been unlawfully detained,
for example in a mental hospital, he or she may apply to
the Divisional Court for a writ of habeas corpus.

2 Chancery Division.The Chancery Division hears the
following actions:

(a)Equity matters, which were dealt with by the old
Court of Chancery before 1875 and other cases allocated
to it since then. These include actions involving trusts,
mortgages, contentious probate, partnerships, specific
performance of contracts, rectification of deeds, bank-
ruptcies and taxation.

(b)A Court of Protectiondeals with actions involving
the management of the property and affairs of mental
patients.

(c)A Companies Courtdeals with applications relating
to companies under legislation such as the Companies
Act 2006

(d)A Patents Courtdeals with patents and related mat-
ters outside the jurisdiction of the patents county court.

(e)Appeals from the Commissioners of Inland Revenue
on income tax matters.

The Divisional Court of the Chancery Division hears
appeals from the county courts in bankruptcy matters.

3 Family Division.The first-instance jurisdiction of

the Family Division includes:

(a)Matrimonial matters, e.g. defended divorces.

(b)Actions involving children, e.g. adoption and

legitimacy.

The Divisional Court of the Family Division hears

appeals from magistrates’ courts and county courts in

matters relating to the family.

Crown Court

Like the magistrates’ court, the Crown Court is mainly a

criminal court, but it too has a civil jurisdiction, hearing

appeals from the magistrates’ court.

Court of Appeal (Civil Division)

The Civil Division of the Court of Appeal is headed by

the Master of the Rolls, who is assisted by the Lord and

Lady Justices of Appeal. Normally, three judges sit to

hear an appeal, although in important cases a full court

of five may be assembled. The decisions are made by a

simple majority. Since 1982, some cases have been heard

by two judges, in an attempt to reduce the waiting time

for hearings. Under the Access to Justice Act 1999, the

Master of the Rolls, with the agreement of the Lord

Chancellor, is allowed to give directions about the min-

imum number of judges required for various types of

proceedings, and the Master of the Rolls will be able to

decide how many judges should hear any particular

appeal. The Civil Division of the Court of Appeal now

has much greater flexibility in its operation by being able

to operate in courts of one, two or more judges.

Jurisdiction

The court hears appeals from the High Court, county

courts (except in bankruptcy cases) and various tri-

bunals, such as the Lands Tribunal and the Employment

Appeal Tribunal. It may uphold or reverse the decision

of the lower court, or change the award of damages. In

certain situations, it may order a new trial.

House of Lords

The House of Lords is the final court of appeal in civil

matters. Its composition was discussed earlier in this

chapter.

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