•
the court below must certify that a point of law of general public importance
is involved; and
•
either the court below or the House of Lords must be satisfied that the point
of law is one which ought to be considered by the House of Lords.
JUDICIAL
COMMITTEE OF THE PRIVY COUNCIL
The
Privy Council is the final court of appeal for certain Commonwealth countries
that have retained this option, and for some independent members and associate
members of the Commonwealth. The Committee comprises Privy Councillors who hold
high judicial office and five Lords of Appeal in Ordinary, sometimes assisted
by a judge from the country concerned.
Most of the appeals heard by the
Committee are civil cases. In the rare criminal cases, it is only on matters
involving legal questions that appeals are heard; the Committee does not hear
appeals against criminal sentence.
THE
CIVIL COURT STRUCTURE
Civil
actions are between individuals. The State merely provides the legal framework within
which they determine and seek to enforce their mutual rights and obligations. Civil
cases are cited in the form Smith v Jones.
MAGISTRATES’
COURTS
Although
they deal mainly with criminal matters, the magistrates’ courts have a significant
civil jurisdiction. They hear family proceedings under the Domestic Proceedings
and Magistrates’ Courts Act 1978 and the Children Act 1989. Under such circumstances,
the court is termed a ‘family proceedings court’. A family proceedings court must
normally be composed of not more than three justices, including, as far as is
practicable, both a man and a woman. Justices who sit on such benches must be members
of the family panel, which comprises people specially appointed and trained to
deal with family matters. Under the Children Act 1989, the court deals with adoption
proceedings, applications for residence and contact orders, and maintenance relating
to spouses and children. Under the Magistrates’ Courts Act 1978, the court also
has the power to make personal protection orders and exclusion orders in cases
of matrimonial violence.
The magistrates’ courts have powers
of recovery in relation to the community charge and its replacement, council
tax. They also have the power to enforce charges for water, gas and
electricity. Magistrates’ courts also function as licensing courts, under which
guise they grant, renew or revoke licenses for selling liquor, betting or operating
a taxi service.
Judicial case management
The
judge is a case manager under the new regime. The new system allocates cases to
one of three tracks, depending upon the complexity and value of the dispute. Previously,
lawyers from either side were permitted to wrangle almost endlessly with each
other about who should disclose what information and documents to whom and at
what stage. Now, the judge is under an obligation to actively manage cases.
This
includes:
•
encouraging parties to co-operate with each other;
•
identifying issues in the dispute at an early stage;
•
disposing of summary issues which do not need full investigation;
•
helping the parties to settle the whole or part of the case;
•
fixing timetables for the case hearing and controlling the progress of the
case; and
•
considering whether the benefits of a particular method of hearing the dispute justify
its costs. If the parties refuse to comply with the new rules, practice
directions or protocols, the judge will be able to exercise disciplinary
powers. These include:
•
using costs sanctions against parties
•
striking out;
•
refusal to grant extensions of time; and
•
refusal to allow documents not previously disclosed to the court and the other side to be relied upon.
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