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SQE1: Legal System of England and Wales

SQE1 · Work through your exam, one topic at a time.

All guide sections

Legal System of England and Wales

Courts and hierarchy

Magistrates' courts and the Crown Court handle criminal matters; county courts and the High Court (King's Bench, Chancery, Family divisions) handle civil. Appeals run from the High Court to the Court of Appeal (Civil Division) and then the Supreme Court; the Crown Court appeals to the Court of Appeal (Criminal Division).

Precedent

The ratio decidendi binds; obiter dicta persuade. The Supreme Court is not bound by its own decisions but departs from them only rarely (Practice Statement 1966). The Court of Appeal is bound by itself and by higher courts, subject to the Young v Bristol Aeroplane exceptions (conflicting own decisions, decisions made per incuriam, and inconsistency with later Supreme Court authority).

Human Rights Act 1998

Courts must read legislation compatibly with Convention rights so far as possible (s 3); where impossible, a declaration of incompatibility may be made (s 4) without invalidating the provision. Section 6 makes it unlawful for public authorities to act incompatibly.

Judicial review

Three grounds: illegality, irrationality and procedural impropriety (GCHQ), plus legitimate expectation and proportionality where Convention rights are engaged. Remedies include quashing orders, prohibition, mandamus and declarations; damages are exceptional.

Professions and funding

Solicitors are regulated by the SRA; barristers by the Bar Standards Board. Funding options include legal aid, conditional fee agreements, damages-based agreements and fixed fees.

Trap: obiter remarks of the Supreme Court are highly persuasive but not binding - questions often test this distinction.