Part A Essential elements of the legal system 1: Law and the legal system 9
3.3.1 Appeals
A defendant convicted on a criminal charge in a Magistrates' Court has a general right to a rehearing by a
Crown Court. A 'case stated' appeal on a point of law to a Divisional Court of the High Court is based on
the idea that Magistrates or the Crown Court have wrongly interpreted the law. If they have, then the case
may be sent back to the lower court with instructions as to how it should be decided.
On family matters, appeals are to the Crown Court with a further (or alternative) appeal on a point of law
to a divisional court of the Family Division of the High Court. On other civil matters appeal on a point of
law is to a Divisional Court of the Queen’s Bench Division (QBD).
3.3.2 Personnel
The key personnel in the Magistrates' Court are the Magistrates who hear the cases. These fall into two
categories:
Magistrates, who are lay persons selected by the Lord Chancellor (Justices of the Peace)
District Judges (professional paid magistrates)
The Magistrates' Courts are also staffed by clerks, who can provide legal advice for lay Magistrates.
3.4 The County Court
County Courts have civil jurisdiction only but deal with almost every kind of civil case. The practical
importance of the County Courts is that they deal with the majority of the UK's civil litigation.
The County Court is involved in the following matters.
Contract and tort (except defamation of character) claims
Equitable matters concerning trusts, mortgages and partnership dissolution
Disputes concerning land
Undefended matrimonial cases
Probate matters
Miscellaneous matters conferred by various statutes, for example the Consumer Credit Act 1974
Some bankruptcy, company winding-up and admiralty cases
3.4.1 Appeals
From the County Court there is a right of appeal direct to the Civil Division of the Court of Appeal for
some cases. In most other cases an appeal goes to the relevant Division of the High Court.
3.4.2 Personnel
The personnel in the County Court consists of:
Circuit judges, assisted by
District judges
3.5 Civil Procedure Rules
Civil procedures encourage parties to consider alternative methods of dispute resolution and to avoid
expensive litigation, resolving cases quickly and without unnecessary confrontation. Early settlement of
disputes is encouraged during proceedings. The court has the power to control every aspect of the
litigation process, shifting responsibility away from the litigants and their advisers. The court is intended
to be a place of last, rather than first, resort. There are two principal areas in which the civil procedure
rules are relevant, these are tracking and case management.