Hierarchy of the Courts (OCR A-Level Law): Revision Notes

Hierarchy of the Courts

Introduction to court hierarchy

The English legal system operates on a hierarchical structure where decisions made by higher courts bind lower courts. This system is fundamental to the doctrine of judicial precedent, which ensures consistency and predictability in the law.

The principle of stare decisis ('let the decision stand') underpins this hierarchy. This means that when a court makes a decision on a point of law, courts lower in the hierarchy must follow that decision in future cases involving the same legal issue. This promotes fairness by treating similar cases in the same way and provides certainty in the law.

The court hierarchy structure

The courts in England and Wales are arranged in a strict hierarchy. Understanding which courts bind which is essential for understanding how precedent operates in practice.

Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council sits at the top of the Commonwealth judicial system, though it is not formally part of the English court hierarchy.

Bound by: No court, not even itself

Binding on: All domestic courts of the Commonwealth, including England (though its decisions are highly persuasive rather than strictly binding in England)

Key cases:

• Grant v Australian Knitting Mills (1936) - established important principles in product liability
• The Wagon Mound (1961) - defined the test for remoteness of damage in negligence

Supreme Court

The Supreme Court (which replaced the House of Lords in 2009) is the highest court in the UK legal system.

Bound by: Historically bound by the European Court of Justice on EU issues, but not bound by itself

Binding on: All other UK courts

Key cases:

• R v Brown (1993) - examined consent as a defence in criminal law
• Donoghue v Stevenson (1932) - established the modern law of negligence and the 'neighbour principle'

The Supreme Court has the unique power to depart from its own previous decisions through the Practice Statement 1966. This flexibility allows the law to develop when previous decisions are considered incorrect or outdated. However, the court uses this power sparingly and must provide clear justification when departing from earlier decisions.

Court of Appeal (Civil Division)

The Court of Appeal (Civil Division) hears appeals in civil cases.

Bound by: The Supreme Court

Binding on: All lower courts and itself (with exceptions)

Key cases:

• Broome v Cassell (1971) and Miliangos v George Frank (Textiles) Ltd (1976) - demonstrate that the Court of Appeal is bound by the Supreme Court (then House of Lords)
• Young v Bristol Aeroplane Co. Ltd (1944) - established the three exceptions to the rule that the Court of Appeal must follow its own decisions

The Court of Appeal generally must follow its own previous decisions. However, Young v Bristol Aeroplane Co. Ltd (1944) established three important exceptions when the court need not follow its own precedents:

Court of Appeal (Criminal Division)

The Court of Appeal (Criminal Division) hears appeals in criminal cases.

Bound by: The Supreme Court and itself

Binding on: All lower courts and itself

High Court divisions

The High Court is divided into three divisions, each with different binding authority.

Queen's Bench Division

Bound by: Supreme Court, Court of Appeal, and itself

Binding on: High Court generally, lower courts, and itself

The Queen's Bench Division deals with contract, tort, and commercial cases, as well as having supervisory jurisdiction over lower courts through judicial review.

Chancery and Family Divisions

Bound by: Supreme Court, Court of Appeal, and themselves

Binding on: High Court generally, lower courts, and themselves

These divisions handle specialized areas of law. The Chancery Division deals with matters such as trusts, property disputes, and company law. The Family Division handles matrimonial and family matters.

High Court (first instance)

When sitting at first instance (not in its appellate capacity), the High Court has different binding authority:

Bound by: Supreme Court, Court of Appeal, and Divisional Courts

Binding on: Lower courts only (not itself)

Lower courts

County Courts, Crown Courts, and Magistrates' Courts do not create binding precedents because:

• They handle too many cases to create manageable precedents
• They do not publish judgments that could be used as precedents

These courts must follow precedents set by higher courts but their own decisions do not bind other courts.

The Practice Statement 1966

When the Supreme Court replaced the House of Lords in 2009, the Constitutional Reform Act 2005 transferred the House of Lords' judicial powers to the new Supreme Court.

In Austin v London Borough of Southwark (2010), the Supreme Court confirmed that the power to use the Practice Statement 1966 had been transferred to it.

Practice Direction 3 and 4 of the Supreme Court states that the Practice Statement is "part of the established jurisprudence relating to the conduct of appeals" and "has as much effect in [the Supreme] Court as it did before the Appellate Committee in the House of Lords."

This means the Supreme Court does not have to follow its own previous decisions, but it must explain why if it chooses to depart from them. This power is used sparingly and only when:

• The previous decision is considered clearly wrong
• Social or economic conditions have changed significantly
• The law needs to develop to meet modern circumstances

Exam guidance

When answering questions on court hierarchy:

• Identify which courts are involved and their position in the hierarchy
• Explain whether the court is bound by the precedent in question
• Apply the relevant rules (such as the Young exceptions for the Court of Appeal)
• Use case examples to illustrate your points, but remember that the legal principle is more important than detailed case facts
• For evaluation questions, consider the balance between certainty (following precedent) and flexibility (departing from precedent when necessary)