How the English Courts Are Set Up

How the English Courts Are Set Up

The English court system is not neat or well-ordered. It has changed over the years to meet new needs. A few courts deal only with crime or only with civil cases, but most deal with both. English courts fall into two groups: superior (higher) courts and inferior (lower) courts. Higher courts take the cases worth more money and the harder ones.

Superior Courts: The Supreme Court, the Court of Appeal, the High Court, and the Crown Court.

Inferior Courts: The County Court and Magistrates' Courts.

This split matters because of a rule called binding precedent: lower courts must follow the decisions of higher courts.

The Supreme Court: The top court in the country. Before October 2009, the House of Lords did this job. It hears appeals on big legal questions that matter to the public.

Court of Appeal: Must follow the Supreme Court. Its civil side and criminal side must also follow their own past decisions, apart from a few exceptions.

High Court: Must follow the Supreme Court and the Court of Appeal, but does not have to follow its own past decisions. It has three parts: Queen’s Bench, Chancery, and Family (each with its own divisional court).

Crown Court: A main criminal court, and one of the Senior Courts. It hears all serious criminal trials (called trials on indictment) and appeals from Magistrates' Courts.

County Court: Handles civil claims. Since 2014 it has been one national court that can sit anywhere in England and Wales.

Magistrates’ Court: Handles mostly less serious crimes. No other court has to follow its decisions.

Key Points About the Set-Up

Note 1: Other special courts and tribunals sit alongside this system, such as the Coroner’s Court and the Employment Tribunal.

Note 2: On questions of EU law, the Court of Justice of the European Union sits at the top, so the law is read and applied the same way in every Member State.

Note 3: The Court of Appeal, High Court, and Crown Court are together called the 'Senior Courts of England and Wales'.

Note 4: There is no separate set of administrative courts. Claims for judicial review against public bodies go to the Administrative Court, which is part of the High Court.