Civil disputes in Northern Ireland are heard and determined by the Supreme Court of Judicature, the County Courts, the Magistrates’ Courts and various Tribunals.
The Supreme Court consists of the Court of Appeal and the High Court of Justice both of which are situated in the Royal Courts of Justice in central Belfast.
This Court, which sits in the Royal Courts of Justice in Belfast, hears appeals in civil cases from the High Court, on matters of fact or law in cases (mainly personal injury claims) which originated in the High Court. It also hears appeals by way of case stated on a point of law only from the High Court (in cases brought to that court on appeal from lower courts), from the County Courts and Magistrates Court, and from various tribunals. The Court also has jurisdiction over criminal appeals from the Crown Court and from Magistrates’ Court.
The Lord Chief Justice and three judges (called Lord Justices of Appeal) are appointed to sit in the Court and when hearing cases there will normally be two or three judges present.
Appeals from the decisions of the Court of Appeal in most civil cases lie to the House of Lords in London (shortly to the Supreme Court in London).
The High Court which again sits in the Royal Courts of Justice in Belfast has three divisions:
In addition to the Lord Chief Justice (who is the President of the High Court), cases may be heard by any of the three Lord Justices of Appeal or by one of the ten High Court Judges. Although trials are normally dealt with by a single judge, there is a right to trial by judge and jury in libel, slander, malicious prosecution and false imprisonment cases. The work of the Court is supported by seven Masters of the Supreme Court.
The main work of the County Courts is the resolution of disputes in contract and tort in which less than £15,000 is at stake (or less than £45,000 in equity matters). Many of these cases in which £2,000 or less is at stake are dealt with more quickly and informally by the small claims procedure.
The County Courts also have jurisdiction in equity matters (such as trusts) and disputes relating to the recovery of, or title to, land and the probate of wills. These Courts may also hear uncontested petitions for divorce, applications for adoption, and applications for the granting of intoxicating liquor licences and certificates of registration for clubs.
There are four County Courts which have been designated as Family Care Centres to deal with certain applications or appeals relating to the care or welfare of a child or young person.
The County Courts hear both civil and criminal appeals from the Magistrates’ Courts.
Northern Ireland is divided into seven County Court Divisions and cases are heard throughout the province. The 17 County Court Judges are also Crown Court Judges and spend much of their time dealing with criminal cases in the Crown Court. In carrying out the civil work of the County Courts they are assisted by 31 Deputy County Court Judges, four District Judges and 5 Deputy District Judges.
Contested cases involving £5,000 or more are normally heard by a County Court Judge (or Deputy County Court Judge); contested cases involving less than £5,000 and uncontested cases involving up to £15,000 are heard by District Judges (or Deputy District Judges).
Cases dealt with using the small claims procedure are usually simple consumer disputes and may either be dealt with in default of a court hearing or will be heard by a District Judge or Deputy District Judge. Parties are encouraged to represent themselves rather than engaging solicitors and legal aid is not available for representation in small claims cases.
While primarily concerned with criminal cases, the Magistrates’ Courts also deal with matters such as family and domestic cases, applications for particular licences and certain kinds of debt cases and various 'ejectment' cases involving disputes between a landlord and tenant. Large numbers of these debt and ejectment cases come before these courts every year.
The seven County Court Divisions are in turn divided into 21 petty sessions districts for the organisation of the Magistrates’ Courts. At present there are 21 District Judge (Magistrate’s Courts) and 19 Deputy District Judge (Magistrate’s Courts)
Many other types of 'civil' disputes are dealt with by 'tribunals' which are separate from the courts described above. For example, many types of disputes arising from employment conditions (including allegations of unlawful discrimination) are dealt with by the Industrial Tribunals, and there are a number of tribunals which hear and determine disputes relating to social security benefits. Other disputes (including many buildings and construction cases) are dealt with by arbitration – that is, by a person specially appointed by the disputing parties to decide their case.
Crime, justice and the law