SQE Study - Summary Notes - The Legal System of England and Wales PDF

1.​ Introduction Three legal jurisdictions in the United Kingdom: -​ England and Wales; -​ Scotland; and -​ Northern Ireland There are several sources of law in the English legal system -​ Common law -​ Equity -​ Acts of Parliament -​ Statutory instruments -​ International...

1.​ Introduction Three legal jurisdictions in the United Kingdom: -​ England and Wales; -​ Scotland; and -​ Northern Ireland There are several sources of law in the English legal system -​ Common law -​ Equity -​ Acts of Parliament -​ Statutory instruments -​ International treaties -​ EU law -​ Conventions -​ Works of authority -​ Law-making institutions -​ Custom Common Law -​ Common law is a system of laws which evolve through judicial decisions of courts and other tribunals, which bind or influence subsequent judicial decisions, thus forming a body of law in their own right -​ It is known as case law, or precedent; and is subordinate to legislation passed by Parliament -​ It is governed by stare decisis - the principle that similar cases should be decided according to consistent principled rules: the court is bound to follow the prior decision unless the case can be distinguished as being different from the authority case on the facts -​ “Matter of first impression” - facts and legal issues before the court are fundamentally distinct from all previous cases and judges can make law by the judgement they hand down which, if the court is sufficiently senior level, becomes precedent and will bind future courts Equity -​ Equity is a set of legal principles that seek to achieve justice where the application of strict rules of law would be overly harsh or unfair -​ It is governed by maxims but allows for flexibility in finding solutions to apply justice in accordance with “natural law” -​ It applies in personam (“against the person”), rather than in rem (“against the thing”) -​ In personam - means that the court is directly addressing the person before it and their individual circumstances, in order to prevent a person acting unconsionably  -​ Equitable remedies are granted at the sole discretion of a judge and involve one party doing something (or not) as directed by a court (e.g. injunctions and specific performance) -​ Equitable awards also require that the person seeking equitable relief must have acted in good faith in the matter at hand (i.e. come with clean hands) Acts of Parliament -​ Acts of Parliament/Statute Law are primary instruments by which law is made by Parliament. -​ Parliamentary Sovereignty - the ability of Parliament to legislate however it wishes, on any subject it wishes, as well as being the ultimate law-making body in the United Kingdom, to which no other body - in theory - is superior -​ It precludes any hierarchy among Acts of Parliament: all parliamentary legislation is, in principle, of equal validity and effectiveness, but some statutes are con sidered “constitutional”, such as the Human Rights Act 1998. The Magna Carta, which was agreed by King John in 1215, also has a special status as a royal charter of rights. Statutory Instruments -​ A statutory Instrument is a form of legislation which allows the provisions of an Act to be subsequently brought into force or altered without Parliament having to pass a new Act. It is also referred to as secondary, delegated or subordinate legislation Acts of Senedd Cymru -​ Acts of Senedd Cymru are made specifically for Wales and have the same status as Acts of the UK Parliament as primary legislation and are generally not challengable on common law grounds. They cover a range of devolved matters, including education, agriculture, local government, and housing for which Senedd Cymru has legislative competence -​ The UK Parliament retains sovereignty and power to make laws in relation to Wales, but it is formally recognised under the Government of Wales Act 2006 that it will not normally legislate with regard to devolved matters without the consent of Senedd Cymru International Treaties -​ International Treaties are international agreements between countries; also called conventions, protocols or charters -​ International treaties which the UK government intended to ratify, such as the European Convention on Human Rights, were traditionally negotiated by the government, acting in the name of the Crown, and entered into under the royal prerogative EU Law -​ Retained EU Law is domestic law derived from the UK’s obligations under the EU Treaties  -​ EU law no longer prevails over any domestic law passed or made on or after 31 December 2020 (IP Completion day), but still prevails with respect to the interpretation of pre-IP completion day, if the domestic law conflicts with EU law Conventions -​ Conventions form part of the constitution, although they are not typically codified. While they are not legally binding or enforceable in court, they are almost universally observed by those to whom they relate. Conventions have authority and effect through customary adherence over time. -​ Conventions ensure that the machinery of government functions smoothly and mostly relate to the exercise of the Sovereign, the Government, Parliament and the Judiciary of their functions Works of Authority -​ Works of Authority refer to treaties, which are scholarly, comprehensive texts that provide detailed interpretations of various aspects of the UK constitution. These treaties are considered particularly authoritative because of their thorough analysis, clear explanations, and espousing of fundamental constitutional principles. They are often used by courts, lawmakers, and legal professionals to clarify constitutional matters, especially where legal texts or precedents are silent or ambiguous -​ Most are works written by 19th or early 20th Century constitutionalists, including AV Dicey, Walter Bagehot and Erskine May Law-making Institutions -​ Law-making institutions in the English legal system include: -​ The Parliament, Government, and Sovereign; -​ The civil and criminal courts of the Judiciary; -​ Regulatory bodies; and -​ CJEU case law and general EU principles decided prior to IP completion day emanating from the CJEU and other EU institutions Customs -​ Customs are rules which have obtained the force of law in a particular locality and many have been in place prior to the introduction of the common law -​ These must be reasonable, immemorial, and have continued without interruption to be applicable and there must be certainty as to the locality where the custom is said to exist, e.g. a parish or a county -​ Custom is not legally binding on the English courts; however prescription is sometimes used “as a customary standard of legal validity which enables judges to identify certain customs as law even though the status of those above customs as law cannot be ascribed to a law-making authority  2.​ The Courts of England and Wales The Civil and Criminal Courts -​ Three distinct legal jurisdictions in the UK -​ England and Wales -​ Scotland -​ Northern Ireland -​ His Majesty’s Courts of Justice of England and Wales are the civil and criminal courts that are responsible for the administration of justice in England and Wales -​ His Majesty’s Courts and Tribunal Service (HMCTS) is an executive agency of the Ministry of Justice that administers the Court of Appeal, the High Court, the Crown Court, the Magistrates’ Courts, and the County Couty. -​ The Supreme Court is the highest appeal court in almost all cases in England and Wales, and Northern Ireland, as well as in civil (but not criminal) cases in Scotland. It was created by the Constitutional Reform Act 2005 and commenced operations in 2009. It took over: -​ The judicial functions of the House of Lords -​ Devolution cases from the Judicial Committee of the Privy Council Court Structure for Civil Matters and criminal Cases in England and Wales Civil Courts Criminal Courts The State usually has no interest in the Criminal courts deal with defendants accused outcome of cases. These are usually private of cirmes and, if the defendant denies matters (unless the State or one of its organs committing the acts charged against them, is the claimant or defendant in proceedings) the court must choose between their version of facts and the prosecution’s The objective of civil courts is not to punish The objective of the criminal courts is to allow defendants, but to restore the parties, as far the State to punish people who have as possible, to their previous positions. committed offences against other people/society The party who instigates the complaint or The party who instigates the complaint or action against the defendant is called the action is the Prosecutor/Prosecution (the Claimant State) In civil cases, the claimant is required to In criminal law, the prosecution mus tprove prove his case “on the balance of the case “beyond reasonable doubt”, probabilities”, unofficially described as the unofficially described as the 99% test, to get a 51% test conviction A defendant in a civil case is either found by A defendant in a criminal law case is either the court to be liable or not liable. They may found guilty or not guilty, and may be be required to pay damages to the claimant punished by the law  and/or to obey other orders or injunctions of the court. Hierarchial structure of the courts in the UK: Adversarial Legal System -​ The English legal system is predominantly adversarial -​ Representatitves from each party investigate, debate and argue their case, while the judge takes an impartial role in the process and acts as a referee or arbiter between the proescution/claimant and the defence 3.​ Structure and Jurisdiction of Civil Courts in England and Wales -​ Two principal civil courts of first instance -​ The High Court and -​ The County Court The County Court -​ The County Court deals exclusively with civil cases and generally presided over by Circuit Judges or Recorders (part-time judges) while District Judges handle interim matters and have jurisdiction to hear trials that do not exceed 25,000 in financial value -​ It is a single national entity with a national jurisdiction and various locations throughout England and Wales; establishment and jurisdiction derived from the County Courts Act 1984 (as amended by the Crime and Courts Act 2013) -​ A case may be transferred to the defendant’s local County Court hearing centre if desired (the case to be transferred automatically to the defendant’s home court if the case is for a fixed amount of money owed by an individual) The High Court of Justice -​ The High Court is a civil court of first instance for higher value or specified claim; and a criminal and civil appellate court for cases from lower courts -​ It is headquartered at the Royal Courts of Justice building in London and has district registries across England and Wales; jurisdiction is governed by the Senior Courts Act 1981 (formerly the Supreme Court Act 1981) -​ Three divisions - not separate courts, but have separate procedures and practices adapted to their purposes and each hears particular types of case: King’s Bench, Chancery, and Family -​ (1) King’s Bench Division - largest and busiest of all the divisions and is presided over by the President of the Division, who is assisted by a vice-president and numerous High Court Judges -​ It’s principal business involves multi-track claims for damages, based on all types of common law civil actions, such as breach of contract and actions in tort. It includes: -​ (a) the Commercial Court (which deals with contract disputes, banking, carriage of goods, insurance cases, and more) -​ (b) the Admiralty Court (which deals with shipping matters) -​ (c) the Technology and Construction Court (which deals with matters requiring specialist technical or scientific knowledge, e.g., professional  negligence cases against architects or engineers and building disputes), and -​ (d) the Administrative Court (hears judicial review applications where certain government decisions are challenged on legal grounds) -​ (2) Chancery Division - principally concerned with claims arising under contracts for land (conveyancing disputes, rectification of deeds) and matters about trusts and the administration of the estates. The president of the Chancery division is the Chancellor of the High Court -​ Insolvency and Companies Court - forms part of the Chancery Division of the High Court and deals with applications under the Companies Act and insolvency matters -​ Business and Property Courts - a collective of the specialist civil courts (the Chancery Division, the Admiralty Court, the Commerical Court, and the Tehcnology and Construction Court from the King’s Bench Division) which deals with disputes covered by specialist lists such as the Revenue List, the Competition List, the Financial List, etc. -​ (3) Family Division - concerned with family proceedings and non-contentious probate matters and is presided over by the President of the Family Division -​ The Family Court deals with matters including parental disputes, local authority child protection, divorce and dissolution of civil partnership, child support, domestic violence, adoption, guardianship etc.; may transfer cases involving complex issues to the Family Division High Court or County Court -​ Civil claims are generally allocated as follows -​ (1) LESS THAN 50,000 in a personal injury case caused by negligence (unless clinical malpractice case) - must be commenced in the County Court; 50,000 or more - may be commenced in either the County Court or the High Court (in the High Court only if complex, of high monetary value or the outcome is of public importance) -​ (2) Damages for a specified sum of 100,000 OR LESS - must be started in the County court - MORE THAN 100,000 - may be started in the County Court or High Court (in the High Court only if complex, of high monetary value or the outcome is of public importance) -​ (3) Claim in equity LESS THAN 350,000, the County Court has all the jurisdictin of the High Court to hear and determine the following cases: -​ Proceedings for the administration of the estate of a deceased person; -​ Proceedings for the execution or declaration of a trust; -​ Proceedings for foreclosure or redemption of any mortgage; -​ Proceedings for the specific performance, or for the rectification, delivery up or cancellation, or any agreement for the sale, purchase or lease of any property; -​ Proceedings relating to the maintenance or advancement of a minor; -​ Proceedings for the dissolution or winding-up of any partnershipl and  -​ Proceedings for relief against fraud or mistake Other Tribunals -​ These include Employment Tribunals, Mental Health Act Tribunals and professional disciplinary bodies (e.g. the Solicitors’ Disciplinary Tribunal) Trial by Jury in Civil Cases -​ Majority of civil cases tried in court do not have a jury and the judge hears them on his own. The judge decides the cases by finding facts, applying the relevant law to them and then giving a reasoned judgement. There is, however, a right to a trial by jury in limited civil cases, i.e., those involving a charge of fraud, malicious prosecution and false imprisonment, unless the trail requires prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury Appellate Courts - Civil Cases -​ Civil appeals can be heard from either the High Court (of any three divisions) or the County Court. Appeals are also heard fidrectly by the Court of Appeal, in the first instance, and ultimately (on points of law) by the Supreme Court -​ Priori permission to appeal is required from the court of first decision in most cases. Where the lower court refuses an application for permission to appeal, a further application may be made by the court -​ Permission to appeal from the County Court and the High Court may be given only where:  -​ The court considers that the appeal would have a real prospect of success; or -​ There is some other compelling reasons for the appeal to be heard -​ (1) Appeals from the County Court -​ Second appeals (an appeal from a decision which was itself made on an appeal) are permitted, under very limited circumstances, where: -​ The appeal has a real prospect of success and raises an important point of principle or practice; or -​ There is some other compelling reason for the Court of Appeal to hear the appeal -​ (2) Appeals from the High Court -​ A High Court Judge hears most cases byt Masters can preside over less complex cases -​ Appeals from the High Court are made, in most cases, to the Court of Appeal; however, appeals from a Master are first escalated to a High Court Judge and subsequently to the Court of Appeal -​ Leapfrogging - appeals from the High Court can be heard directly by the Supreme Court where the case involves a point of law of general public importance and: -​ (a) the case either involves the interpretation of a statute or the trial judge is bound by a previous decision of the Court of Appeal or the Supreme Court; and -​ (b) the trial judge has granted a certificate of satisfaction; and -​ (c) the Supreme Court has given permission to appeal -​ Alternative Conditions for “Leapfrogging” -​ A case may be eligible if it involves a point of law of general public importance and: -​ It entails a decision relating to a matter of national importance; -​ The result of the proceedings is so significant that a hearing is justified; or -​ The judge is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal -​ A second appeal can be made to the Supreme Court if the Supreme Court has given permission -​ (3) Court of Appeal (Civil Division) -​ Court of Appeal (Civil Division) is the second most senior court in the country which is headed by the Master of the Rolls -​ Permission to appeal must be requested by the court of first instance, and if refused, a further application for permission may be made to the Court of Appeal -​ The court from which an appeal is amde or from which the permission to appeal is sought may order the appeal to be transferred to the Court of Appeal where: -​ The appeal would raise an important point of principle or practice; or -​ There is some other compelling reason for the Court of Appeal to hear it -​ (4) Supreme Court of the United Kingdom  -​ The Supreme Court is a court of last resort and the highest appellate court in the UK -​ Permission to appeal must be requested from the court who made the decision to be appealed; and if refused, a further application for permission may be made to the Supreme Court. The application must be filed within 28 days from the date the court below refuses permission to appeal -​ “Leapfrogging” procedure (discussed above) can be used to enable an appeal from the High Court to be heard directly by the Supreme Court Scotland and Its Relationship to the Supreme Court in Civil Cases -​ Court of Session is Scotland’s supreme civil court and is divided into: -​ (1) Outer House of the Court of Session - the court of first instance -​ (2) Inner House of the Court of Session - superior and stands as Scotland’s upper appeal court for civil cases; also hears a small range of first instance business -​ Permission to appeal must be requested from the Inner House of the Court of Sessions if a party wishes to overturn a decision of that court, and if refused, a further application for permission may be made to the Supreme Court directly -​ Permission to appeal is normally only given if the appeal raises a point of general public importance and, in deciding whether it does, the Supreme Court will benefit from the Inner House’s view  4.​ Structure and Jurisdiction of the Criminal Courts in England and Wales Courts of First Instance -​ (1) Magistrate’s Courts -​ Magistrate’s Court is made up of either three lay Magistrates (known as ‘Justices’) or full-time District Judges -​ Magistrates are not legally qualified and will therefore be advised on points of law, practice and procedure by a legally qualified or experienced court clerk -​ District Judges are properly qualified solicitors or barristers who sit as full or part-time judges at the Magistrates’ Court -​ Sentences and Fines in the Magistrtate’s Court: -​ Magistrate’s Court mainly exercie jurisdiction over summary criminal offences -​ Maximum custodial sentence for a single summary offence: six months -​ Maximum custodial sentence that can be imposed for two or more offences: 12 months -​ Fines can be imposed based on the standard scale and the severity of the offence (With certain limits for levels 1-4 offences, but no maximum fine on level 5 offences) -​ More serious offences are passed on to the Crown Court, either for sentencing or for full trial with a judge and jury -​ Summary offences may only be tried in the MAgistrates’ Court (defendant not entitled to be tried before a jury); e.g. road traffic offences (except dangerous driving), common assault and prostitution -​ Either-way offences may be dealt with by the Magistrates’ Court or the Crown Court; e.g., theft, handling stolen goods, drugs offences and some involving violence against the person -​ For either-way offences, Magistrates to determine the mode of trial and allocation -​ (2) Crown Courts -​ Crown Court is a single entity divided betgween some 90 centres throughout England and Wales; deals with: -​ The most serious types of criminal offence that will be tried by a judge and jury -​ Appeals from the Magistrates’ Court (dealt with by a judge and at least two Magistrates) -​ Convictions in the Magistrates’ Court that are referrred to the Crown Court for sentencing -​ indictable=-only offences are the most serious crimes that can be tried only by a judge and jury in the Crown Court (tried on “indictment”); e.g. murder, rape, manslaughter, grevious bodily harm and robbery -​ Imprisonment and fines in the Crown Court are more severe than in the MAgistrates’ Court. Defendants of an either-way offence mostly prefer the Crown  Court, depspite the potentially heavier sentence, for the potentially greater likelihood of acquittal by a jury or their peers Appellate Courts and Judicial Review - Criminal Cases -​ The criminal appellate courts are the Crown Court, the High Court (King’s Bench Division), the Court of Appeal (Criminal Division) and the Supreme Court -​ (1) Appeals to the Crown Courts -​ Defendant (pleaded not guilty) convicted in a Magistrates’ Court: may appeal against either conviction or sentence, or both, to the Crown Court -​ Defendant (pleaded guilty) convicted in a Magistrates’ Court: may appeal against his sentence to the Crown Court -​ Notice of appeal must be given in writing to the Magidtrates’ Court concerned and to the prosecution within 15 business days of sentence being passed  -​ The appeal takes the form of a complete re-hearing -​ (2) Appeals to the High Court -​ Appeals to the High Court include: -​ Appeals by way of case stated (suitable where the party affected alleges that the court erred in law or misdirected itself); and -​ Applications for judicial review (appropriate where the lawfulness of the decision is being challenged on grounds of illegality, procedural unfairness or irrationality) -​ Appeal by Way of Case Stated can be made by the prosecution or defence to the King’s Bench Division; grounds: Magistrates have misdirected themselves as to the law (e.g. if inadmissible evidence was received or admissible evidence excluded) or have acted in excess of their jurisdiction (e.g. if the Magistrates did not have power to try the case) -​ Application in writing must be given to the MAgistrates’ Court within 21 days of the acquital or convictinon/sentence. Magistrates are required to state a case for the opinion of the High Court -​ The appeal is heard by three Judges who may reverse, affirm or amend the Magistrates’ decision or remit the matter back to the Magistrates (or to a different bench of Magistrates with its opinion. -​ Application for Judicial Review can be made by the prosescution or defence to the Administrative Court; grounds: grounds for judicial review may lie where the Magistrates’ Court made an orser that they had no power to make (i.e. they have acted ‘ultra vires’) or the Magistrates’ Court acted in breach of the rules of natural justice (e.g. where the accused was not given reasonable time to prepare his defence) -​ The Administrative Court has jurisdiction to make the following orders: -​ A quashing order - to overturn a decision -​ A mandatory order - to order a court to try a case -​ A proibitory order - to stop a court hearing a case -​ (3) Court of Appeal (Criminal Division) -​ A person convicted on indictment may appeal to the Court of Appeal against his conviction and/or sentence in the Crown Court -​ Notice of application for leave to appeal must be filed within 28 days of the conviction or sentence in the Crown Court -​ There is an appeal as of right on a matter of law alone, but on a question of fact (or mixed fact and law), the appeal can only be made with the leave of the trial judge, given at the end of the case, or with the leave of the Court of Appeal -​ The prosecution cannot appeal the acquittal by the Crown Court byt may appeal to the Court of Appeal against a terminating ruling (leave of trial judge or Court of Appeal required) -​ Attorney-General’s reference (rare) - if the Attorney-General considers that an offender was dealt with unduly leniently, he may refer the sentence to the Court of Appeal for review under s. 36 Criminal Justice Act 1988 (leave of Court of Appeal required)  -​ (4) Supreme Court of the United kingdom -​ The prosecution or defence may appeal to the Supreme Court regarding a decision of the Criminal Division of the Court of Appeal, provided that: -​ (a) the Court of Appeal certifies that the decision involves a point of law of general public importance; and -​ (b) either the Court of Appeal or the Supreme Court gives leave to appeal -​ Application for leave to appeal must be made to the Court of Appeal within 28 days of the decision or the date on which the Court of Appeal gives reasons for its decision -​ If the Court of Appeal refuses permission (but has certified that the decision involves a point of law of general public importance), an application to the Supreme Court for leave must be made within 28 days of the date of the refusal Scotland and Its Relationship to the Supreme Court in Criminal Cases -​ The High Court of Justiciary is a court of last resort in Scotland for criminal cases -​ The Scotland Act 2012 prescribes an explicit right of appeal to the Supreme Court in Scottish criminal cases where a “compatibility issues” under human rights legisltation arises -​ Permission to appeal the determination of the compatibility issue must be requested to the High Court of Justiciary; if refused, an application must be made directly to the Supreme Court within 28 days of the refusal -​ The Supreme Court may only determine a compatibility issue; once determined, the Supreme Court must then remit the issue to the High Court of Justiciary for resolution -​ Devolution issue: must be seriously arguable and sufficiently important; requires permission from the High Court of Justiciary; if refused, request permission of the Supreme Court. 5.​ The Judiciary -​ Judicial independence and judicial neutrality - central tenets of the judiciary -​ Judicial independence - judges should be protected from policitcal interference and political control; preserved under the UK constitution through the principles of: -​ Sub judice - Parliament does not comment on cases which are before the court; -​ Parliamentary privilege - members of Parliament are protected from prosecution, in certain circumstances, by the courts -​ The Constitutional Reform Act 2005 - contains measures that enshrine the independence of the judiciary such as: -​ Judicial selection and appointment process designed to minimise political interference (judges who hold their positions in “good order” may remain in post until retirement) -​ Judicial pay determined by an independent pay review body -​ Parliamentary sovereignty is a principle of the UK constitution; it makes Parliament the supreme legal authority in the UL (can create or end any law); the courts cannot overrule its legislation  -​ Judicial neutrality (judges being politically neutral) is tied in with “parliamentary sovereignty” -​ Judges cannot overturn an act of Parliament for being unconstitutional. They must be neutral in their approach to the law, and seek to apply laws passed by Parliament in an impartial, unbiased and technical manner HM Courts & Tribunal Service -​ HM Courts & Tribunal Service (HMCTS) is an agency of the Mininstry of Justice created on 1 April 2011 bringing together HM Courts Service and the Tribunals Service into one -​ It operates as a partnership between the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals. Its work is overseen by a board, headed by an independent chair, working with non-executive, executive and judicial members -​ When judges, magistrates, and tribunal members are sworn in, they take two oaths/affirmation. The first is the oath of allegiance to the reigning monarch and the second is the judicial oath; these are collectively referred to as the judicial oath The Supreme Court of the United Kingdom -​ The House of Lords was the final court of appeal in the United Kingdom for 600 years before the Constitutional Reform Act 2005 set up a separate Supreme Court, and its functions as the UK’s highest court were trasferred to the new entity, the Supreme Court -​ Instead of Lords of Appeal in ORdinary (who were both full time judges and members of the House of Lords), the new role of the Supreme Court Justice was established Various Judges Justices of the Supreme Court -​ Justices of the Supreme Court - refers to Judges of the Supreme Court of the United Kingdom, with the exception of the President and Deputy President -​ The Supreme Court must have a minimum of 12 justices appointed by the Sovereign by letters patent, including its President and Deputy President. Cases are heard by five, seven or nine Justices -​ The Prime Ministed makes recommendations for new Justices, including the PResident and Deputy President of the Courts, based on suggestions given by the Lord Chancellor -​ If there is a vacancy in one of the offices of the Justices, the President and the Deputy PResident of the Courts, the Lord Chancellor convenes a selection commissiona nd this commission must determine the selection process to be applied, apply the selection process, and make a selection -​ Selection must be on merit, a person may be selected only if they meet the qualification requirements and cannot be selected if they are a member of the commission -​ If the selection commission’s recommendation is accepted, the Lord Chancellor notifies the Prime Minister of the name of the successful applicant who, in turn, notifies the Monarch who makes the formal appointment -​ Tenure: Justices are not subject to term limites in holding office -​ Resignation: A Justice of the Supreme Court (as well as the PResident or Deputy President of the Courts) may resign by giving the Log Chancellor notfice in writing  -​ Removal: Justices may be removed from office on the address of both Houses of Parliament for misconduct (s. 33 of the Constitutional Reform Act 2005) -​ Retirement: Justices retire at the age of 75. They are granted the title Lord or Lady for life Lord Chief Justice -​ The Head of the Judiciary of Engladna nd Wales, the most senior Judge in the Criminal Division - Court of Appeal, and the President of the Courts of England and Wales -​ Key responsibilities: -​ Representing the views of the Judiciary to Parliament and government; -​ The welfare, training and guidance of the Judiciary; discusses with government the provision of resources for the Judiciary which are then allotted by the Lord Chancellor; -​ The deployment of Judges and allocation of work in courts in England and Wales -​ The Lord Chief Justice is appointed by the Monarch on the advice of the Prime Minsiter following the recommendation of the Lord Chancellor, based on an evaluation carried out by a special panel convened by the Judicial Appointments Commission Lord Chancellor -​ The Lord Chancellor is the Secretary of State for Justice a nd a member of the Provy Council of the Cabinet -​ He is appointed by the Sovereign on the advice of the Prime Minister, and responsible for the efficient functioning and independence of the courts but may no longer sit as a judge Senior President of Tribunals -​ Independent and statutory head of the tribunal judiciary who is appointed by the monarch on the recommendation of the Lord Chancellor -​ He provides leadership for about 5,000 office holders within the Tribunals and represents the views of the Tribunals judiciary to the Lord Chancellor, Parliament and Miniters Five Heads of Divisions 1.​ The Lord Chief Justice - Head of the Criminal Division of the Court of Appeal 2.​ The Master of the Rolls - Head of the Civil Division of the Court of Appeal 3.​ The President of the King’s Bench Division 4.​ The President of the Family Division Court of Appeal Judges -​ Court of Appeal Judges include the Heads of Division (noted above) and the Lord Justices of Appeal -​ Appointment is by the Sovereign on the recommendation ofg a selection panel convened by the Judicial Appointments Commission -​ The Heads of Division are selected, in practice, from the Lords Justices of Appeal who, in turn, are selected from the ranks of the High Court Judges  -​ The Court of Appeal consists of the Civil and Criminal Divisions and hears appeals on a wide range of cases covering civil, family and criminal justice, including most final appeals as the Supreme Court only hears exceptional cases of public importance -​ The Court of Appeal Civil Division hears appeals from the High Court, County Court, and certain tribunals, such as the Employment Appeal Tribunal and the Immigration Appeal Tribunal -​ President - the Master of the Rolls -​ Most cases are heard by three judges, consisting of any combination of the Heads of Division and Lords Justices of Appeal -​ The Court of Appeal Criminal Division hears appeals from the Crown Court -​ President - the Lord Chief Justice -​ Most cases are heard by three judges, consisting of the Lord Chief Justice, or the President of the King’s Bench Division, or one of the Lords Justices of Appeal, together with two High Court Judges, or one High Court Judge and one specially nominated Senior Circuit Judge -​ The Heads of Division and Lords Justices of Appeal sit, on occasion, with one or more High Court Judges in the Divisional Court, which hears appeals to the Hgih Court from Magistrates’ Courts and certain judicial review cases at first instance -​ Removal: both Houses of Parliament have the power to petition the Monarch for the removal of the judge due to misconduct (s. 11(3) of the Senior Courts Act 1981) High Court Judges -​ High court judges are assigned to one of the three Divisions of the High Court (the Chancery, King’s Bench, and Family) -​ They are appointed by the Sovereign, on the recommendation of the Lord Chancellor, after a fair and open competition administered by the Judicial Appointments Commission -​ They usually sit in London, but they also travel to major court centres around the country -​ Deputy High Court Judges - other judges (such as Circuit Judges and senior King’s Counsel) who are authorised to sit as Judges of the High Court to hear particular types of cases. -​ Removal: both Houses of Parliament have the power to petition the Monarch for the removal of the judge due to misconduct (s.11(3) of the Senior Courts Act 1981) Circuit Judges -​ Circuit Judges are appointed by the Sovereign, on the recommendation of the Lord Chancellor, to one of seven regions of England and Wales and sit in the Crown and County Court within their particular region -​ Senior Circuit Judges - Circuit Judges appointed as such and take on additional responsibilities such as the running of the largest court centres -​ Deputy Circuit Judges - judges who sit part-time in retirement -​ Removal: may be removed by the Lord Chancellor with the consent of the Lord Chief Justice Recorder  -​ A recorder is a part-time Circuit Judge, usually a practicing barrister or solicitor; appointed by the Sovereign on the recommendation of the Lord Chancellor. He may sit in both the Crown and County Court -​ Jurisdiction is broadly similar to that of a Circuit Judge, but generally handles less complex or serious matters before coming to the court District Judge -​ Two different categories of District Judges: -​ District Judge in the County Courts -​ District Judge (Magistrates’ Courts) -​ The District Registry is part of the High Court which deals with family and civil business and is often co-located at County Court hearing centres, when the District Judges are sitting -​ District judges in the county courts are full time judges who deal with the majority of cases in the county court; they are assigned, on appointment by the Sovereign, to a particular circuit and may sit at any of that circuit’s county court hearing centres or high court distrit registries -​ They work with a wide spectrum of civil and family law cases, e.g. claims for damages and injunctions, possession proceedings against mortgage borrowers and property tenants, divorces, child proceedings, domestic violence injunctions and insolvency proceedings -​ Removal: may be removed by the Lord Chancellor with the consent of the Lord Chief Justice District Judge (Magistrates’ Court) -​ District Judges (Magistrates’ Courts) are full time members of the judiciary who hear cases in Magistrates’ Courts and usually deal with longer and more complex matters including criminal cases, youth cases, civil proceedings, cases in the Family proceedings courts, extradition proceedings, terrorist cases and also sit as Prison Adjudicators -​ Appointed by the Sovereign, on the recommendation of the Lord Chancellor Magistrates -​ Magistrates are also known as Justices of the Peace (JPs); they hear prosecutions for and dispose of “summary offences” and some “triable either-way offences” -​ Magistrates sit in adult criminal courts as panels of three with equal decision-making powers but only one member, the chairman, speaks in court and presides over proceedings. A qualified legal adviser is available to the panel at all times -​ They deal with over 95% of all criminal cases and decide many civil matters -​ Sentencing powers: -​ Cannot usually order sentences of imprisonment that exceed six months for a single offence or 12 months for two or more offences, or fines exceeding 2,500 for levels 1-4 offences of the standard scale (although there is no limit on fines imposed on level 5 offences)  -​ Can issue community orders, e.g. curfews, electronic tagging, requirements to perform unpaid work uyp to 300 hours, or supervision up to three years -​ Appointment: by the Lord Chancellor on the advice of the local advisory committees -​ Retirement: at the age of 75 Presiding Judges -​ Presiding judges are appointed by the Lord Chief Justice; they are responsible for general supervision of judges, the deployment of the judiciary and allocation of cases on their circuit. Two presiding judges from the High Court are appointed for each circuit -​ Th Senior Presiding Judge is a judge of the Court of Appeal and a Board member of HMCTS who supervises the work of the Presiding Judges on each circuit Privy Council -​ The privy council is a body that advises the head of state of a nation, usually in the context of a monarchic government, largely senior politicians who were/are members of either the House of Commons or the House of Lords -​ The worl privy means private or secret; a privy council was, originally, a committee of the monarch’s closest advisers to give confidential advice on affairs of the state -​ The privy council advises the Sovereign on the exercise of the Royal Prerogative and issues executive orders known as: -​ Orders-in-Council - these make Government regulations and appointments -​ Orders of Council - issues under the specific authority of Acts of Parliament and are normally used to regulate public institutions -​ The Privy Council also advises on the issuing of Royal Charters, which grant special status to incorporated bodies, and cirty and borough status to towns -​ The judicial Committee of the Privy Council consists of senior judges (normally the same judges as the Supreme Court) supported by a professional legal and execucitve staff. It is the highest court of appeal for many current and former Commonwealth countries, as well as the United Kingdom’s overseas territories, crown dependencies (Jersey, Guernsey and the Isle of Man) and military sovereign base areas -​ It hears very occasional appeals from a number of ancient and ecclesiastical courts, domestic appeals to His Majesty in Council and rarely-used jurisdictions -​ Its decisions have great weight and are highly persuasive, but are not binding Qualification of Judges -​ Judicial appointments are open only to citizens of the United Kingdom, the Republic of Ireland or a Commonwealth country (holders of dual nationality that includes one of these are also eligible) -​ There is no upper or lower age limit apart from the statutory retirement age of 75 for all judges -​ Qualifications of judges are set out in the Courts and Legal Services Act 1990, as amended by the Tribunals, Court and Enforcement Act 2007 (judicial-appointment eligibility condition) -​ Holds a relevant qualification (which ranges from five to seven years); and  -​ Has gained experience in law for a specified period, while holding a relevant qualification -​ A relevant qualification is as a barrister or solicitor, even if they do not practise; however, those wishing to apply on the bases of their qualification as a solicitor must appear on the Roll and, in all cases, must be able to demonstrate that they have been gaining legal experience -​ The Tribunals, Courts and Enforecement Act 2007 has widened the eligibility for many judicial posts beyond solicitors and barristers -​ Experience in law can be: -​ Judicial functions of any court or tribunal -​ Acting as an arbitrator -​ Practise of employment as a lawyer -​ Advising on the application of the law; -​ Assisting persons involved in proceedings for the resolution of issues arising under the law -​ Acting as a mediator -​ Drafting documents intended to affect persons’ right or obligations -​ Teaching or researching law -​ Other activities of a broadly similar nature -​ A person is qualified to be appointed a Justice of the Supreme Court if they: -​ Have held high judicial office (i.e. High Court Judges of England and wales, and of Northern Ireland; Court of Appeal Judges of England and Wales, and of Northern Ireland; and Judges of the Court of Session) for a period of at least two years; or -​ Satisfy the judicial appointment eligibility condition on a 15-year basis, i.e., they have been a solicitor of the senior courts of England and Wales, or barrister in England and Wales, for at least 15 years; and have been gaining experience in law during the post-qualification period; or -​ Have been a qualifying practitioner for a period of at least 15 years (qualifying practitioner - an advocate in Scotland; a solicitor entitled to appear in the Court of Session and the High Court of Justiciary; member of the Bar of Northern Ireland; or a solicitor of the Court of Judicature of Northern Ireland) -​ Potential judges must satisfy the judicial-appointment eligibility condition, on the basis of the following number of years: -​ Lord Justices of Appeal - 7 years -​ High Court Judges - 7 years -​ Circuit Judges - 7 years -​ Recorder - 7 years -​ Masters and Registrars - 5 years -​ District Judges (both County and Magistrates’ Courts) - 5 years -​ Magistrates are trained, unpaid members of their local community, who work part-time and deal with less serious criminal cases, such as minor theft, criminal damage, public disorder and motoring offwences. They do not require legal training but must undertake a programme of practical training  -​ Their eligibility is determined on the basis of whether the candidate is weather directly or closely involved in the work of the criminal justice system to the extent that there could be a perception of a real risk of conflict of interest, bias, or compromiosed judicial independence -​ Employees in some occupations (e.g. police officers) are ineligible to service as Magistrates -​ Civil servants, solicitors and barristers are generally eligible but may require conditions: -​ Solicitors and partners of the same firm cannot appear before magistrates assigned to the same local justice area -​ Magistrates whose spouse/civil partner/partner is a solicitor should not sit on any case involving the firm -​ Magistrates who work in a solicitor’s firm (or whose spouse/partner works in that firm) should not sit on any matter which in any way involves that firm -​ Magistrates who have a close relative employed in a solicitor’s firm must not sit on any matter in which the relative appears or has advised. The magistrate should apply to transfer to another local justice area if the relative regularly appears in court for the firm -​ A spouse/civil partner/partner is any person with whom the candidate has a continuing relationship, whether or not the two parties live together as spouses or civil partners -​ A close relative is a father, nother, son, daughter, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or step-child or persons who have any of those relationships with a partner; includes relatives by adoption -​ Barristers (including solicitor-advocates) are generally eligible to serve as Magistrates but should not advocate in any professional adctivities which may create conflict or appearance of bias with Magistrate service nor advise on cases which have or are likely to come before their bench Attorney General -​ The Attorney General is a political appointee who has a variety of different responsibilities: -​ Government’s chief legal adviser -​ Superintends the prosecution agencies -​ Government minister with responsibility for criminal justice -​ Guardian of the public interest in certain other cases -​ The solicitor general supports the attorney general: -​ By deputising for the Attorney General and being responsible for such matters as the Attorney General delegates -​ In their superintendence of the Government Legal Department, the Crown Prosecution Service, the Service Prosecuting Authroity, HM Crown Prosecution Service Inspectorate and the Serious Fraud Office -​ On civil litigation, civil law matters, and on the public interest function 6. Basic Principle of Statutory Interpretation  -​ Statutory interpretation is one of the functions of the court wherein they give meaning to the provision in an Act and apply it. England and Wales form a single legal jurisdiction, and courts in both countries must be capable of interpreting and applying Welsh law when relevant matters come before them General Rules of Interpretation 1.​ The Literal Rule - the intention of Parliament is to be found by giving the words their ordinary and literal meaning a.​ So Long as the words of an Act are clear, the court must follow them, even though they might lead to a manifest absurdity b.​ The judge construes the statute as to the words used by Parliament, whatever the result might be 2.​ The Golden Rule - legislative wording must be interpreted as far as possible within its ordinary and plain meaning a.​ Where the plain meaning of the words produces a manifest absurdity, the grammatical and ordinary sense of the words may be interpreted, so as to avoid the absurdity and inconsistency 3.​ The Mischief Rule - a departure from the literal and golden rules, as it concentratres not solely on the words of a statute, but on the purpose for which Parliament enacted the statute a.​ Four matters had to be considered when determining what “mischief” the statute was intended to remedy: -​ What the common law was before the statute was passed -​ What the mischief and defect was which was not remedied by the common law -​ What remedy is given by the present statute -​ The true reason for the remedy 4.​ The Purposive Approach - involves judges trying to decide what they believe Parliament intended to achieve by the legislation on top of simply identifying and remedying the gaps with the previous law a.​ The purposive approach extends the mischief rule further by taking the interpretation beyond the common law remedy sought and holding a wider social and economic view 5.​ Expreissio Unius Est Exclusio Alterius - literally means “the express mention of one thing excludes all others” a.​ Where legislation uses explicit words within a clause or phrase but does not mention general words, the courts only employ their interpretive tools to the particular examples mentioned in the legislation 6.​ Noscitur A Sociis - noscitur rule; “a word is known by its accompanying words” or “by the company it keeps”. The rule does not apply when the word has been defined a.​ The meaning of a word can be understood from its context. Words of uncertain meaning can be comprehended from the type of words and phrases with which they are associated Other Aids to Interpretation -​ Additional prinicples of construction to assist with interpretation 1.​ The statute should be read as a whole - two main devices are used to find the intention of Parliament when interpreting statutes: a.​ Intrinsic aids - those plain or black letter sources of interpretation that can be found within the statute itself, including materials which can provide insights to interpret the words of the provision at issues, such as preambles, headings, punctuation, definition sections, marginal notes and explanatory notes i.​ The matters to which the court may have regard in construing statutory provisions are: 1.​ Enacting formula - the part of the Act that introduces the main provisions of the statute and declares that the law derives its authority from a valid Act of Parliament 2.​ Long title - the formal description of the Act, placed at its beginning 3.​ Short title - the shooter title used for reference 4.​ Main body - this contains the parts, headings, divisions, sections/paragraphs, and the sub-sections and sub-paragraphs 5.​ Schedules - these are fully part of the statutory provisions in any case, and have the same legal force as the individual sections themselves 6.​ Preambles - in older legislation, preambles were often included, often being lengthy expositions of the purposes of the enactment b.​ Extrinsic aids - traditionally excluded by the courts as an aid to statutory interpretation but in Pepper v Hart 1993, it was held that the court could refer to extrinsic aids for statutory construction, if they clearly disclosed the mischief targeted by the legislation i.​ Extrinsic aids may be admissable, subject to parliamentary privilege, where: 1.​ The legisliation is ambiguous or obscure or leads to an adbsurdity; 2.​ The material relied on consists of one or more statements by a prime minister or other promoter of the Bill, together, if necessary, with such other parliamentary material as is necessary to understand such statements and their effect; and 3.​ The statements relied on are clear ii.​ Extrinsic aids to statutory construction include 1.​ Parliamentary debates, i.e. Hansard, 2.​ Dictionaries, 3.​ Other statutes on the same subject matter (in pari materia), 4.​ Interpretation acts, 5.​ The prior state or the law or 6.​ Other legislative history materials 2.​ Ejusdem generis (of the same kind) rule: when a series of particular words is used, followed by general words (e.g., “house, office, room…or other place”), the general words must be construed with reference to particular words 3.​ Common presumptions in statutory interpretation include: a.​ Penal statutes are construed strictly in favour of the accused (an ambiguity in a taxing statute should be similarly resolved in favour of the taxpayer) b.​ Crimninal offences usually require guilty intention (i.e. mens rea) c.​ Statutes are not intended to derogate from common law rights, i.e., a statute does not alter the existing law, or repeal other statutes d.​ A statute (e.g., a repeal or amendment made by new legislation) is not intended to have a retrospective effect to a date earlier than its becoming law, unless the new statute is clearly expressed in a way intended to have a retrospective effect e.​ An act of Parliament does not intend to interfere with the rights of private ownership over land. When an Act of Parliament deprives a person of their property, there is a common law presumption of interpretation of statutes that compensation must be paid for the value of the land. f.​ An act of Parliament does not bind the Crown, except by express words or necessary implication g.​ Parliament intends to legislate consistently with the UK’s international obligations 7. The Doctrine of Precedent -​ The doctrine of binding precedent - states that any previous decision of a court (depending on its position within the hierarchy of the courts) is bindiong on a judge who is dealing with a subsequent case, where the facts are sufficiency similarity to the previous case; the principle of stare decisis  -​ Ratio decidendi is the principle of law on which a decision is based and is binding on similar cases. When a judge delivers a judgement to a case, he outlines the facts which he finds have been proved on the evidence, applies those facts to the law and arrives at a decision for which he gives the reason (the ratio) -​ Obiter dictum (plural “dicta”) is a legal reason/pronouncement made by the judge which is not necessary for the decision in the case; not binding -​ Practice directions explain the procedure to be followed regarding particular cases. These are not formal statutory authority, but statements of the law, generally followed as though they were a precedent, apply to both criminal and civil jurisdictions The Court Hierarchy -​ Only courts of equal/lower status to the previous court will be bound to a decision made by that court’s decision 1.​ The Supreme Court a.​ The Supreme Court is the final court of appeal in the English legal system and its decisions are binding on all courts beneath it in the hierarchy. Although the Supreme Court would normally treat its own former decisions as binding, it would depart from a previous decision when it “appeared right to do so” (used very sparingly) 2.​ Court of Appeal a.​ Decisions of the court of appeal are binding on the high court and all lower courts b.​ Both divisions of the Court of Appeal are bound by the decisions of the Supreme Court and by their own previous decisions c.​ Civil Division - there are three exceptional situations where it would disregard its own previous decision (Young v Bristol Aeroplane Co Ltd 1944) i.​ Where there are conflicting Court of Appeal decisions (a later court may choose to follow one rather than the other or to disregard both decisions) ii.​ If the decision cannot be reconciled with a decision of the Supreme Court iii.​ If it is satisfied that the decision was given per incuriam (i.e., by lack of care or mistake) d.​ Criminal Division - the Criminal Divison has applied the principle of stare decisis less rigidly than the Civil Division and has reconsidered its earlier decision where the liberty of the subject has either been misapplied or misunderstood 3.​ The High Court a.​ The High Court is bound by the decisions of the Supreme Court and the Court of Appeal. Its decisions bind the county courts b.​ As a court of first instance: its decisions are not binding judges of first instance, although they carry strong persuasive authority and are usually followed c.​ As an appeal or review court: its decisions are bionding on any oher divisional court when two or more high court judges sit together as a divisional court. It may depart from earlier deciisons of the high court if reached in error (per incuriam) d.​ Individual high court judges: their decisions are binding on lower courts. They are bound by decisions of higher courts, including the divisional courts of their  division, byt not bound (technically) by a decision of another High Court Judge sitting alone, although such a decision will be very persuasive 4.​ Other Courts a.​ The County Court is bound by the decisions of the High Court (as well as those of the courts above in the judicial hierarchy), whether made on appeal or at first instance. Decisions of courts inferior to the High Court (such as the County Court) do not bind anybody, not even themselves b.​ The crown court is bound by the decisions of the Supreme Court and the Court of Appeal. The Crown Court cannot create precedent. However, decisions made on points of law by judges sitting at the Crown Court are not binding but will be of persuasive authority c.​ Decisions of the Juduicial Committee of the Privy Council are not binding on English courts buyt are highly persuasive d.​ Cases decided in Welsh courts serve as valid precedents throughout England and Wales, carrying binding authority when determined by higher courts. Similarly, decisions made by English courts are binding on Welsh courts. Welsh court decisions can also offer persuasive value when they address a point of law similar to those in England, particularly, where statutory or common lqw principles align, and vice versa Avoiding Precedents -​ Grounds on which a court may decline to follow a precedent: -​ Distinguishing - on the basis of the facts or point of lw involved -​ Overruling - a decision made by a lower court can be overruled by a higher court (in an unconnected case). Cases may be overruled by statute -​ The Court of Appeal (Civil Division) cannot overrule a decision of the Supreme Court nor its own previous decision but may “depart” from a decision which is now questionable or clearly wrong in limited circumstances -​ Reversing - the overturning, on appeal, bby a higher court of the decision of the lower court, in the same action. The appeal court will then substitute its own decision -​ Per incuriam statements are confined to the narrow grounds of failure to consider binding authority or statute -​ Other persuasive precedents are decisions and dicta which are not binding, but which may strongly influence future decisions which use them as support Advantages and Disadvantages of Precedent -​ Certainty v flexibility -​ Predictability and consistency -​ Fairness -​ Clarity -​ Detail 8. The Place of EU Law in the UK Constitution -​ The European Union is made up of member states that are independent sovereign nations, but they pool their sovereignty to the EU in order to gain strength and world influence that none of them could have on their own -​ There are several main decision-making institutions in the EU  -​ The European Parliament is elected by the citizens of the EU to represent their interests. It has three main roles: -​ Passing European laws -​ Exercising democratic supervision over other EU institutions -​ Sharing with the Council authority over the EU budget -​ The European Council is made up fo the most senior elected political representatives of the Member States - prime ministers and presidents with executive powers. It gives the EU its political direction and sets its priorities. It is made up of the 27 government ministers representing each of the member states -​ The European Commission is the executive body of the EU. It is intended to represent, independently, the interests of the EU as a whole. The Commission is accountable to the European Parliament. It is the only EU institution with the general power to initiate proposals for legislation -​ This “institutional triangle” produces the policies and laws that apply throughout the EU. In principle, it is the Commission that proposes new laws; however, it is the PArliament and Council that enact them -​ The Court of Justice upholds the rule of European law, and the Court of Auditors checks the financing of the Unions activities Pre-Brexit -​ Before Brexit, the principle of the supremacy of EU law, over UK law, prevailed -​ Some types of EU legislation such as Regulations and dEcisions, are directly applicable as law in EU Member States. This meant that when the UK was a Member State these types of legislation applied automatically in the UK, without any further action required by the UK -​ Other types of EU legislation such as Directives, are indirectly applicable as law in EU Member States. This meanest that when the UK was a Member State it made its own domestic legislation to give these laws force in the UK, often by making statutory instruments (rather than passing primary legislation) -​ Two other important concepts are direct and indirect effects. -​ Direct effect refers to the principle that certain rights granted by EU measures, such as regulations and directives, can be invoked and relied upon by individuals before national courts without the need for any implementing legislation at the national level. This means that individuals could have directly enforced their rights derived from EU law in their national courts -​ Indirect effect is a principle whereby national courts are required to interpret national law, as far as possible, in a manner that is consistent with the objectives of EU law. This means that even if a particular EU law did not have direct effect such as Directives, national courts must still have interpreted national laws in a way that aligned with EU law Post-Brexit -​ Following Brexit, the UK legal system underwent substantial transformation. Initially, under the European Communities Act 1972, EU law had supremacy over UK laws  -​ The Withdrawal Agreement between the UK and the EU outlined the UK’s withdrawal from the EU on 31 January 2020 (known as ‘exit day’) followed by a transition or implementation period during which EU law continued to apply in the UK until 31 December 2020 (known as ‘implementing period or IP completion day’) -​ After this period, EU legislation that applied in the UK was retained as ‘retained EU legislation’, a new form of domestic law. Any remaining EU rights and obligations, including directly effective rights under EU treaties, continue to be recognised and available in UK law after the exit Assimilaton of EU Law -​ post-Brexit, the UK sought to regain sovereignty over its legal framework. This led to the creation of ‘retained EU law’, a concept encapsulating all EU-derived laws as of the end of the transition period on 31 December 2020. -​ The Retained EU Law (Revocation and Reform) Act 2023 further advanced this transformation by ending the supremacy of EU law and introducing ‘assimilated law’. This new category includes primary and certain subordinate legislation that was EU-derived, alongside retained direct EU legislation, all effective from 1 January 2024 -​ Assimilated law includes: -​ Primary legislation that is EU-derived domestic legislation -​ Any unexpired subordinate legislation that is EU-derived domestic legislation -​ Any unexpired retained direct EU legislation -​ Any rights, powers, duties, et.c, that had been directly effective in the UK under section 2(1) of the European Communities Act 1972 -​ The UK government has published a dashboard listing retained EU law and assimilated law, which ensures legislative continuity after Grexit. The dashboard covers UK legislation but excludes laws made by devolved institutions in Northern Ireland, Scotland, or Wales. The Welsh government opposed the REUL Act, believing retained EU law could have been updated as needed, and plans to use the Act’s powers carefully where beneficial to Wales -​ A critical aspect of the REUL Act is section 3, which mandates that domestic enactments take precedence over assimilated direct EU legislation. Any provision of assimilated direct EU legislation must, so far as possible, be read and given effect in a way which is compatible with all domestic enactments, and is subject to all domestic enactments, so far as it is incompatible with them. Interpretation of Case Law and Incompatibility Orders -​ Even after the UK left the EU, past decisions by the Court of Justice of the European Union (CJEU) still impact UK courts due to the need to interpret assimilated EU law in line with ‘retained case law’ handed down before the end of 2020. Section 6, however, permits first-instance courts to refer to an appellate court a point of assimilated case law which is relevant to proceedings before it, if the lower court is bound by the case law and the point of law is in general importance -​ The higher court an then issue a binding decision about whether the lower court should depart from tht case law  -​ This also includes a statutory test guiding courts on when to depart from CJEU and retained case law, focusing on the relevance of foreign court decisions, changes in circumstances, and the impact on the development of domestic law -​ Seciton 6 of the REUL Act is not yet in force. At this point, the legal position is that neither the Supreme Court nor the Court of Appeal is bound by retained EU case law -​ In deciding whether to depart from retained EU case law, the relevant court must apply the samr test as the Supreme Court would apply ind deciding whether to depart from its previous decisions, which is ‘where it appears right to do so’ Reinstatement -​ Section 7 of the Act provides for the selective reinstatement of the original supremacy of EU law over specific pieces of legislation if deemed necessary, with a deadline of such actions set for 23 June 2026 -​ Section 8 states that in the course of any proceedings the courts must issue incompatibility orders when domestic and assimilated EU laws cannot be reconciled, further indicating the nuanced approach the UK is taking towards integrating EU law post-Brexit -​ The Act also simplifies the modification and revocation process for retained EU legislation, reducing parliamentary oversight for certain actions and granting significant discretion to national authorities -​ Moreover, the Act grant UK ministers and devolved authorities extensive restatement powers, allowing for the adaptation, consolidation, or codification of assimilated law. This process aims to preserve the original intent of laws within the UK’s legislative framework, without reinstating EU law’s supremacy -​ Restatement powers apply broadly to any law classified as REUL or assimilated law -​ Restatement can reproduce the effects of EU principles to a limited extent but relies on domestic statutory techniques for interpretation -​ The effect of a restatement is that the relevant law will be contained in a new legislative instrument. The substantive law would be contained in a domestic statutory instrument -​ The law in question would no longer be part of REUL (if restated before the end of 2023) or assimilated law (if restated after 2023) -​ The restatement powers are designated as ‘Henry VIII’ powers, which allow ministers to amend or repeal provisions in an Act of Parliament through secondary legislation. This mechanism is crucial for adapting or consolidating restated law into primary legislation, ensuring the UK legal system can evolve in response to post-Brexti needs -​ In summary, the transition from EU law supremacy to the assimilation of EU law as part of the UK’s legal system represents a significant phase in the UK’s post-Brexit legal and conititutional landscape. By making changes such as abolishing the supremacy of EU law, permitting courts to depart more often from legacy case law of the CJEU, renaming retained EU law as assimilated law and establishing mechanisms for its restatement, the UK aims to establish a clearer, more autonomous legal framework Rejoining the EU -​ As the UK has left the EU, it si now considered a third country under EU law. If it wishes to rejoin the EU in the future, the UK will join through the framework set out by Article 49 of the Treaty of the European Union -​ The 1993 Copenhagen criteria also outline some of the requirements for EU membership, which focus on political, economic, and administrative and institutional factors -​ Under article 49, any country applying to become an EU member state must meet the following criteria: -​ Be a European state -​ Respect and commit to promoting Article 2 values, including respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights -​ Have it application unanimously approved by the Council of the EU, after consulting the Commission (this means that all EU governments must agree before a new member state is permitted) and -​ Have its application approved by an absolute mnajority vote of the European Parliament (this requires the majority of all Members of the EU Parliament, not just of those choosing to vote)