The Role and Jurisdiction of Civil Fist Instance and Appeal Courts

Role and Jurisdiction of Civil First Instance Courts

Court Role - These courts are where civil cases are first heard. Their role is to establish the facts of the case, apply the relevant laws, and decide on the remedy or outcome.
Jurisdiction - The County Court and High Court are the primary first instance courts in England and Wales. The County Court handles most civil cases such as breaches of contract, personal injuries, and family matters. The High Court deals with more complex or high value cases.
Access by Parties - Both individuals and organisations can bring a case to these courts. The claimant is the party that instigates the case, while the defendant is the party it is brought against.
Decision Making - Decisions in these courts are made by one or more judges. In some cases, juries may be used to decide on the facts of the case.

Role and Jurisdiction of Civil Appeal Courts

Court Role - These courts review decisions made in lower courts. Their role is not to rehear the case but to review the fairness and accuracy of the original decision.
Jurisdiction - The Court of Appeal reviews decisions from the High Court and county courts, and the Supreme Court is the final court of appeal in the UK.
Access by Parties - Only the parties involved in the original case can appeal a decision. Generally, an appeal can only be made on the basis of a point of law, not simply because one party is unhappy with the decision.
Decision Making - Decisions in these courts are made by panels of judges. They can uphold the original decision, overturn it, or refer the case back to the lower court.

Interplay Between First Instance and Appeal Courts

Route to Appeal - Once a decision is made in a first instance court, the losing party often has the right to appeal to a higher court, assuming there is a viable ground for appeal.
Creation of Law - Decisions by the appeal courts become binding precedents. This means that the legal reasoning behind their decisions must be followed in future similar cases, forming part of the common law.
Correction Function - The appeal process allows for mistakes or errors in the law to be corrected, safeguarding the integrity of the legal system and the rights of the parties involved.