Hierarchy of Courts in England and Wales

Hierarchy of Courts in England and Wales

• The doctrine of judicial precedent is rigid in England and Wales, meaning every court is bound to follow decisions made by a higher court in the hierarchy.

Appellate Courts

• The European Court of Justice is the highest court affecting England and Wales for points of European law, and its decisions are binding on all other courts.
• The House of Lords is the supreme court for laws unaffected by European Union law and its decisions bind all other courts in the English legal system.
• The House of Lords is not bound by its own past decisions, but will generally follow them.
• The European Court of Justice is prepared to overrule its own past decisions if necessary, unlike the more rigid approach of national courts.

Court of Appeal

• The Court of Appeal is divided into Civil and Criminal Divisions.
• Both divisions are bound to follow decisions of the European Court of Justice and the House of Lords.
• They must usually follow past decisions of their own, with some limited exceptions.

High Court

• The High Court consists of three divisions: Chancery Division, Family Division, and Queen's Bench Division.
• Decisions of the High Court may be appealed to the Civil Division of the Court of Appeal.
• The Divisional Courts are bound by decisions of the European Court of Justice, the House of Lords, and the Court of Appeal.
• Each Divisional Court is bound by its own past decisions, with some exceptions.

Roles of Each Divisional Court

• Chancery Division: deals with commercial fraud, business disputes, insolvency, company management, and more.
• Family Division: deals with matrimonial matters, custody of children, parentage, adoption, and more.
• Queen's Bench Division: deals with judicial reviews, statutory appeals, applications, and more.