Judge jurisdiction

[Demeter]

Hello, I was wondering if anyone could explain Judge jurisdiction as in what cases a Judge is allowed to preside depending on what area they have been assigned too. If a Judge is based in the Chancery division of the High Court for example can they hear cases in the Queen's bench?

[R0b]

Normally, High Court judges will be assigned to a particular division and will generally deal with cases related to it. However, it is possible for judge assigned to a particular division to hear cases in other divisions for various reasons e.g. lack of availability of judges. Also, High Court judges might be requested by the Lord Chief Justice to sit as an appeal judge in the Court of appeal, sit as a County Court judge or exercise jurisdiction as a judge of the Criminal Court.

A lot of these powers are set out in the Senior Courts Act 1981 and the County Courts Act 1984. In particular, you might find s61 of the Senior Courts Act relevant to your question.

[Demeter]

Thank you Rob, that is quite interesting. Surely though a Judge has competancy in a particular area, could it not lead to a Judge with less understanding of the processes etc of a particular Court making unreasonable decisions?

[R0b]

All judges will have a specialty in a particular area of law and quite right it is not expected that they will know every aspect of law inside out because that would be impossible.

Judges make decisions in civil cases on a balance of probabilities based on the facts and evidence presented before them - who is more convincing. It is up the legal representatives to put forward the legal principles and case decisions to support their position.

Judges do get it wrong either based on fact or in law but that is why we have an appeals process that enables one party to challenge a decision. Also to point out, High Court Judges will have legal assistants too known as judicial assistants. These are normally qualified barristers or solicitors and part of their role is to prepare documents, research law, summarise cases etc. To enable a judge to come to a decision. Some judges will even do their own research especially if it is their specialist subject.

[Demeter]

'High Court Judges will have legal assistants too known as judicial assistants. These are normally qualified barristers or solicitors' I knew that in County Court they had some sort of 'technical' assistance from the court staff but not at barrister level.

'It is up the legal representatives to put forward the legal principles and case decisions to support their position.' this was my concern, if a Judge doesnt have legal assistance and one of the litigants is working without legal support it disadvanatges them if the Judge is relying on only them to come up with case law.

Thank you for filling me in!

[R0b]

High Court, Court of Appeal and Supreme Court all have judicial assistants whereas in the County Courts and Magistrates' Courts, judges and alike will have help from a court legal advisor (sometimes referred to as a legal clerk) and I think they are also legally qualified, mostly anyway.

'It is up the legal representatives to put forward the legal principles and case decisions to support their position.' this was my concern, if a Judge doesnt have legal assistance and one of the litigants is working without legal support it disadvanatges them if the Judge is relying on only them to come up with case law.

This is why claimants are required to submit particulars of claim to detail the legal basis of their claim (known as a cause of action) and to enable the other side to understand what is being alleged. If the claimant spouts out generic statements without explaining the legal basis e.g. breach of contract under the Consumer Rights Act 2015, then the court has the power to strike out the claim or ask the claimant to submit more detailed particulars of claim.

Nothing really that exciting happens at County Court level anyway and quite a few judges I've come across are a law unto themselves. They flout the rules, come up with crazy decisions or findings of fact and they get away with it, because a lot of claims don't always get appealed if there is a litigant in person involved.