The Court Hierarchy

The court system in England and Wales is organised in a strict hierarchy. Each level has its own jurisdiction, and decisions made by higher courts bind the courts below. Understanding this structure is essential for anyone involved in legal proceedings: it determines where your case will be heard, who will hear it, and where any appeal will go.

At the top sits the Supreme Court of the United Kingdom, the final court of appeal for all civil and criminal cases in England and Wales (and for civil cases in Scotland and Northern Ireland). Below the Supreme Court is the Court of Appeal, which hears appeals from lower courts and is divided into the Civil Division and the Criminal Division. Beneath the Court of Appeal is the High Court of Justice, which handles the most serious and complex civil cases. The Crown Court deals with serious criminal cases, including trials on indictment and appeals from magistrates' courts. The County Court hears the majority of civil disputes, and Magistrates' Courts handle less serious criminal offences, certain family matters, and council tax liability.

In addition to these main courts, the Family Court (established by the Crime and Courts Act 2013) has jurisdiction over family proceedings at all levels below the High Court. Tribunals form a separate system dealing with administrative justice: immigration, tax, employment, and social security appeals.

Which Court for What

The court you use depends on the type of case and its value or seriousness.

Civil claims are issued in the County Court. The claim is then allocated to one of three tracks based on its value and complexity:

• Small claims track: claims valued at up to £10,000. The procedure is deliberately informal, costs orders are limited, and expert evidence is restricted. Most individuals can manage small claims without a solicitor.
• Fast track: claims valued between £10,000 and £25,000. Trials are limited to one day, with a fixed timetable leading to a hearing.
• Multi-track: claims valued above £25,000 or of particular complexity. These cases receive individual case management, and the court has wide powers to direct the proceedings.

Criminal cases start in a magistrates' court. Summary offences (less serious, such as minor assault or most road traffic offences) are tried there. Indictable-only offences (the most serious, such as murder, robbery, and rape) are sent to the Crown Court for trial. Either-way offences (such as theft or certain assaults) can be tried in either court: the magistrates may decide to retain jurisdiction or send the case to the Crown Court, and the defendant can elect Crown Court trial.

Family matters are heard in the Family Court. This includes divorce, financial remedy applications, children proceedings (residence, contact, adoption), and domestic abuse protection orders. The most complex family cases can be heard by High Court judges sitting in the Family Court.

High Court Divisions

The High Court of Justice is divided into three divisions, each with its own specialist jurisdiction:

• King's Bench Division: the largest division, handling general civil claims (contract, tort, personal injury), judicial review, and commercial disputes. It includes specialist courts such as the Commercial Court, the Technology and Construction Court, and the Administrative Court.
• Chancery Division: deals with property disputes, trusts, company law, intellectual property, probate, and insolvency. It includes the Companies Court, the Patents Court, and the Insolvency and Companies List.
• Family Division: hears the most serious and complex family cases, including international child abduction, forced marriage protection, and inherent jurisdiction applications concerning children and vulnerable adults.

County Court

The County Court handles the vast majority of civil cases in England and Wales. Since the Crime and Courts Act 2013, there has been a single County Court for all of England and Wales (previously, each location was a separate court). Cases can be issued at any County Court hearing centre and may be transferred between centres for hearings.

The County Court deals with:

• Money claims (breach of contract, negligence, consumer disputes)
• Housing possession (landlord and tenant, mortgage possession)
• Enforcement of judgements (warrants of control, attachment of earnings, charging orders, third-party debt orders)
• Personal injury (where the claim is valued below £100,000)
• Insolvency petitions (bankruptcy, company winding-up)
• Equity and trusts (where the property value is below £350,000)

Proceedings in the County Court are governed by the Civil Procedure Rules 1998, which also govern High Court proceedings. District judges hear most County Court matters, with circuit judges handling the more significant or complex cases.

Magistrates' Courts

Magistrates' courts are the workhorses of the criminal justice system: around 95% of all criminal cases are completed in magistrates' courts. They also have jurisdiction over certain civil and administrative matters.

Criminal jurisdiction includes:

• Summary offences (maximum sentence: 6 months' custody per offence, 12 months total)
• Either-way offences where jurisdiction is accepted
• Committal proceedings for indictable-only offences
• Youth cases (in the Youth Court, a specialist magistrates' court)

Non-criminal jurisdiction includes:

• Council tax liability orders (Local Government Finance Act 1992)
• TV licence enforcement (Communications Act 2003)
• Certain family proceedings (domestic abuse protection orders, child maintenance enforcement)
• Licensing (alcohol, gambling, entertainment)

Cases are heard either by lay magistrates (volunteer justices of the peace advised by a legal adviser) or by district judges (legally qualified, salaried, sitting alone). Lay magistrates typically sit in panels of three: a presiding justice and two wingers.

Court Staff and Roles

Understanding who does what in a courtroom helps demystify the process:

• Judges: District judges (County Court and magistrates' courts), circuit judges (County Court and Crown Court), and High Court judges (King's Bench, Chancery, and Family divisions). The more senior the judge, the more serious or complex the cases they hear.
• Magistrates: lay justices of the peace (unpaid volunteers) who sit in magistrates' courts. They receive training but are not legally qualified. A legal adviser (court clerk) sits with them to advise on law and procedure.
• Barristers: specialist court advocates who present cases, cross-examine witnesses, and advise on complex points of law. They are instructed by solicitors or (since 2004) directly by the public in some cases.
• Solicitors: legal professionals who advise clients, prepare cases, manage litigation, and may also represent clients in court (particularly in the County Court and lower courts). Solicitors with higher rights of audience can appear in the Crown Court and above.
• Litigants in person: individuals who represent themselves without a lawyer. The court has a duty to assist litigants in person to the extent that it is appropriate to do so, without favouring either party.
• Court ushers: manage the courtroom, call witnesses, administer oaths, and assist the judge with practical matters.
• Court clerks: administrative staff who manage court files, schedule hearings, issue orders, and handle payments.

Online vs In-Person

The courts have been undergoing a digital transformation for several years, accelerated by the COVID-19 pandemic. Many proceedings can now be conducted online or by telephone:

• Money Claims Online (MCOL): allows claims up to £100,000 to be issued online through the HMCTS portal, with lower court fees than paper claims.
• Possession Claims Online (PCOL): landlords and mortgage lenders can issue possession claims electronically.
• Online Civil Money Claims (OCMC): a newer pilot service handling claims up to £25,000, designed to be accessible to litigants in person with guided step-by-step claim creation.
• Remote hearings: telephone and video hearings became standard during the pandemic. Many procedural hearings, case management conferences, and short applications continue to be heard remotely, saving travel time and cost for all parties.
• Common Platform: the digital case management system for criminal cases, replacing paper-based processes in magistrates' and Crown Courts.

Despite the digital shift, substantive trials (particularly those involving witness evidence and cross-examination) are still predominantly conducted in person. The judge has discretion to decide the format that best serves the interests of justice.

The Court System Today

The court system in England and Wales is managed by HM Courts & Tribunals Service (HMCTS), an executive agency of the Ministry of Justice. HMCTS is responsible for court buildings, staffing, IT systems, and the day-to-day administration of justice.

The system faces several ongoing challenges:

• Court closures: a significant number of court buildings have closed since 2010, concentrating hearings in fewer locations and increasing travel times for court users, particularly in rural areas.
• Backlogs: the Crown Court backlog reached record levels during the pandemic and remains a major concern. Waiting times for civil trials have also increased in some regions.
• Access to justice: the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) significantly reduced the scope of legal aid, leaving many litigants without access to funded legal representation. The number of litigants in person has increased substantially as a result.
• Modernisation: the HMCTS Reform Programme aims to digitise court processes, reduce paper, and improve efficiency. Progress has been mixed: some services (such as online divorce) have been widely praised, while others have experienced delays and technical difficulties.

For more detail on court fees, see our Fees & Costs guide. For the legislation governing the courts, see Key Legislation. For practical guidance on taking a case to court, see Your Case.