Key Legislation

The statutes and rules governing the court system in England and Wales

The court system in England and Wales is governed by a body of primary legislation (Acts of Parliament), secondary legislation (statutory instruments), and court rules. The following are the most important statutes and instruments for anyone working with or appearing before the courts.

Senior Courts Act 1981

Establishes the High Court, Court of Appeal, and Crown Court as the Senior Courts of England and Wales. Sets out the jurisdiction, composition, and powers of each court. Defines the roles of judges, masters, and registrars. Provides for the administration of justice, contempt of court, and enforcement of judgements in the High Court.

County Courts Act 1984

The framework legislation for County Court jurisdiction and procedure. Defines the County Court's civil jurisdiction (contract, tort, equity, admiralty), enforcement powers (warrants of control, attachment of earnings, charging orders), and administrative structure. Amended significantly by the Crime and Courts Act 2013 to create a single County Court.

Civil Procedure Rules 1998 (SI 1998/3132)

The procedural code governing civil litigation in the County Court and High Court. Covers every aspect of civil proceedings: issuing claims, statements of case, disclosure, witness evidence, expert evidence, interim applications, case management, trials, appeals, and enforcement. The overriding objective (CPR 1.1) requires cases to be dealt with justly and at proportionate cost. Supplemented by Practice Directions.

Courts Act 2003

Provides for the administration of courts, including the creation of HM Courts Service (now HMCTS). Deals with court officers, justices of the peace, fines enforcement, and judicial appointments. Gives the Lord Chancellor power to close courts and rationalise the court estate.

Tribunals, Courts and Enforcement Act 2007

Reforms the tribunal system by creating the First-tier Tribunal and Upper Tribunal. Part 3 modernises enforcement law: introduces the unified enforcement agent system, replaces distraint with "taking control of goods", and provides the statutory framework for writs and warrants of control. Schedule 12 sets out the detailed procedure for taking control of goods.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)

Fundamentally restructures legal aid in England and Wales. Removes most civil and family cases from the scope of legal aid funding, with exceptions for domestic abuse, housing, immigration, mental health, and certain other categories. Introduces an "exceptional case funding" mechanism for cases where lack of legal aid would breach human rights obligations. Also reforms sentencing and punishment provisions.

Crime and Courts Act 2013

Creates the single County Court for England and Wales (replacing the previous system of separate county courts for each district). Establishes the single Family Court. Creates the National Crime Agency (NCA). Provides for flexible deployment of the judiciary, allowing judges to sit at different levels of court.

Limitation Act 1980

Sets the time limits for bringing court proceedings. The standard limitation period for contract and tort claims is six years from the date the cause of action accrued. Personal injury claims must be brought within three years. Claims on a deed or sealed judgement have a 12-year limitation period. The court has discretion to disapply the limitation period in personal injury cases in exceptional circumstances (s.33).

Civil Proceedings Fees Order 2008 (SI 2008/1053)

Sets the fee scales for civil proceedings in the County Court and High Court, as amended. Covers issue fees (based on claim value), hearing fees (based on track allocation), application fees, enforcement fees, and appeal fees. Regularly amended by statutory instrument to update fee levels. The current fee levels are set by the most recent amending order.

Human Rights Act 1998

Incorporates the European Convention on Human Rights into domestic law. Article 6 guarantees the right to a fair trial: the right to a hearing before an independent and impartial tribunal within a reasonable time. Article 8 protects private and family life. Courts must interpret legislation compatibly with Convention rights, and public authorities (including courts) must not act in ways that are incompatible with those rights.

Access to Justice Act 1999

Establishes the Legal Services Commission (replaced by the Legal Aid Agency). Reforms the funding of civil litigation: introduces conditional fee arrangements (CFAs), regulates costs agreements, and sets out the framework for costs orders. Provides for the community legal service and criminal defence service.

Constitutional Reform Act 2005

Establishes the Supreme Court of the United Kingdom (operational from October 2009), replacing the Appellate Committee of the House of Lords. Guarantees the independence of the judiciary (s.3). Creates the Judicial Appointments Commission to select judges on merit. Reforms the role of the Lord Chancellor, removing the requirement that the Lord Chancellor be a qualified lawyer or a member of the House of Lords.

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