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Unit 9: Constitutional Structure: Judiciary

claims. A number of County Courts are specially designated to have admiralty, bankruptcy Notes
or family jurisdiction. Very small claims in the County Court will be determined by a
District Judge. Other matters will be determined by a Circuit Judge.
(iii) Magistrates’ Courts
The civil jurisdiction of Magistrates’ Courts is concerned with matters such as licensing of
pubs, restaurants and shops, and family matters such as maintenance orders for children.
Appeals go to a Divisional Court.
With a very few exceptions all criminal prosecutions commence in the Magistrates’ Court.
Magistrates have limited powers of sentencing. If either prosecutor or defendant is
aggrieved by the decision of a magistrates’ court on a question of law, the court can be
asked to “state a case” for the opinion of the High Court. A defendant aggrieved by a
conviction may also ask for the case to be reheard in the Crown Court.

Specialist Tribunals
Many civil matters are dealt with by specialist tribunals. For example, there are Employment Tribunals
which deal with labour disputes, unfair dismissals and discrimination cases in the workplace. Social
Security tribunals hear cases involving the award of pensions and other state benefits. There are
numerous other specialist tribunals.
1. Chancery Division of the High Court
The Bankruptcy Court
The Bankruptcy Court has jurisdiction over individual insolvency matters - but it should be
noted that in England and Wales, corporate insolvencies are dealt with in the Companies Court.
The Patents Court
The matters assigned to the Patents Court are essentially all those concerned with patents or
registered designs. There are assigned specialist Judges.
The Companies Court
The Administrative Court
The Judges of this Court hear cases under which a citizen wishes to challenge the legality of
action or inaction by a Minister, Government Department or other public authority by the
procedure known as “Judicial Review”. The Court also handles various appeals from inferior
courts and tribunals.
2. Queen’s Bench Division of the High Court
The Admiralty Court
Admiralty cases are principally concerned with collisions at sea and cases of damage to cargo
on seagoing voyages. A particular characteristic of the Admiralty jurisdiction is that cases may
be commenced against a vessel (“in rem”) by arresting the vessel.
The Commercial Court
Commercial claims include any case arising out of trade and commerce in general, including
any case relating to a business document or contract, the export or import of goods, the carriage
of goods by land, sea, air or pipeline, insurance and re-insurance, banking and financial services,
The Court has its own registry (which it shares with the Admiralty Court) and all interlocutory
hearings are before judges of the court instead of before the deputy judges known as masters or
registrars found elsewhere in the court system.
The Technology and Construction Court
The Technology and Construction Court, formerly known as the Official Referees’ Court, exists
to deal with those cases where examination of much detail is required, eg. construction disputes
involving multiple parties, architects, engineers, contractors and sub-contractors.

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