PLS CHAPTER 4: THE COURT STRUCTURE IN THE UK

EXAMPLE OF A FIRST INSTANCE COURT AND APPELLATE COURTS IN A

CIVIL CASE

JOHN (the Claimant) has brought an action against DAVID (the Defendant) for
breach of contract. JOHN’S civil case (breach of contract case against DAVID)
was heard at first instance in the COUNTY COURT.

The COUNTY COURT is the court of first instance for JOHN’S civil case. This is
because the COUNTY COURT will be hearing all the facts of JOHN’S civil case in
order to determine whether DAVID (the Defendant) has breached his contractual
obligations to JOHN by applying the relevant principles and cases under contract
law.

 If the COUNTY COURT has decided the case in favour of JOHN (If the
COUNTY COURT has decided that DAVID is liable for a breach of
contract) to JOHN

DAVID (the defendant) may appeal to the HIGH COURT in order to reverse
(overturn) the decision of the COUNTY COURT

The HIGH COURT can decide to either:

 Affirm the decision of the COUNTY COURT – then DAVID may with leave
appeal further to the COURT OF APPEAL (Civil Division) to reverse the
decision of the HIGH COURT or

 Reverse the decision of the COUNTY COURT – then DAVID will not be liable
to JOHN for breach of contract

 If the COUNTY COURT has decided the case in favour of DAVID (If the
COUNTY COURT has decided that DAVID is not liable for a breach of
contract) to JOHN

JOHN (the Claimant) may appeal to the HIGH COURT in order to reverse (overturn)
the decision of the COUNTY COURT

The HIGH COURT can decide to either:

 Affirm the decision of the COUNTY COURT – then JOHN may with leave
appeal further to the COURT OF APPEAL (Civil Division) to reverse the
decision of the HIGH COURT or

 Reverse the decision of the COUNTY COURT – then DAVID will be liable to
JOHN for breach of contract
EXAMPLE OF A FIRST INSTANCE COURT AND APPELLATE COURTS IN A
CRIMINAL CASE

JOHN (the Defendant) has been charged for MURDER of his friend DAVID.

JOHN has decided not to plead guilty to the charge of MURDER.

JOHN’S criminal case will be transferred after a committal proceeding (first or

preliminary hearing) in the Magistrates Court to the CROWN COURT.

JOHN’S criminal case has to be transferred from the Magistrates Court to the
CROWN COURT because he was charged for MURDER which is a serious
crime/offence known as an INDICTABLE OFFENCE.

JOHN’S criminal case will be heard before a 12 jury panel (a full jury panel) in the
CROWN COURT.

The jury will in their verdict (decision) decide whether JOHN is either GUILTY or
NOT GUILTY of MURDER.

 If JOHN is convicted (found guilty by the jury) of MURDER in the CROWN

COURT:

JOHN can with leave appeal to the COURT OF APPEAL (Criminal Division)

The COURT OF APPEAL (Criminal Division) can either:

(1) Affirm the decision of the CROWN COURT or

(2) Reverse the decision of the CROWN COURT

If the COURT OF APPEAL has decided to affirm or uphold the decision of the
CROWN COURT, then JOHN can with leave appeal further to the SUPREME
COURT to reverse the decision of the COURT OF APPEAL

The SUPREME COURT will only hear JOHN’S appeal if it is concerning a POINT OF
LAW (if it concerns a legal issue) and it is matter of public importance

NOTE: If JOHN is acquitted (not found guilty by the Jury) of MURDER in the
CROWN COURT:

The PROSECUTION can also appeal to the COURT OF APPEAL (Criminal Division)
against the acquittal of JOHN for MURDER in order to reverse the decision of the
CROWN COURT