ENGLISH LEGAL SYSTEM

English legal system

English Legal System

EXPLAIN AND DISCUSS THE BASIC CIVIL COURT STRUCTURE. DISCUSS THE PROBLEMS CURRENTLY EXISTING IN THE ENGLISH CIVIL COURT SYSTEM AND THE PROPOSALS FOR REFORM. DO YOU THINK THAT THE 1999 REFORMS ADDRESSED THESE PROBLEMS? SUPPORT YOUR ANSWERS WITH EXAMPLES FROM CASE LAW AND RELEVANT LAW REFORM DOCUMENTS.

BASIC CIVIL COURT STRUCTURE

House of Lords

House of Lords' decisions are binding on all other courts in the legal system, except the House of Lords itself. The House of Lords used to be bound by its own previous decisions until it changed this practice in 1966. The rationale for the old practice was that decisions of the highest court in the land should be final so that there would be certainty in the law and finality in litigation. However, the current practice enables the House of Lords to adapt English law to meet changing social conditions and to pay attention to the decisions of superior courts in the Commonwealth. (Office of Fair Trading 2001 116)

The possibility of the House of Lords changing its previous decisions is recognition that law, whether expressed in statutes or cases, is a living and changing institution which must adapt to the circumstances to which it applies if it is to retain practical relevance. (Zander 2001 21)

The Court of Appeal

The Court of Appeal is always bound by previous decisions of the House of Lords.

The Court of Appeal generally is also bound by its own previous decisions. There are, however, a number of exceptions to this general rule. Lord Greene MR listed these exceptions in Young v Bristol Aeroplane Co. Ltd (1944). (Office of Fair Trading 2001 111)

MR means 'Master of the Rolls'. This is the judge who is head of the Court of Appeal Civil Division. The odd name comes from the Middle Ages when a senior clerk in the Chancellor's office was in charge of the Chancellor's Roll, i.e. written material. A good source of information about legal terminology is on the internet at the official Court Service website. You will find a free glossary of legal terms there.

It is not important for you to read this case at this point. What is important is the exceptions that arise, which are:

Where there is a conflict between two previous decisions of the Court of Appeal. In this situation, the latest court must decide which decision to follow and which to overrule. One reason why there can be two earlier Court of Appeal decisions that apparently say different things about the same law is that the second of the two cases might simply have been unaware of the first one when it gave its pronouncement. (BBC Internet Resources )

Where a previous decision of the Court of Appeal has been overruled, either expressly or impliedly, by the House of Lords. An express overruling would obviously occur where the House of Lords actually considered the Court of Appeal precedent, but it is equally possible that a precedent from the Court of Appeal could be overruled without the actual ...