Contents

Preface

The English legal system – an overview

Acknowledgements

Guide to using the book

Guide to the companion website

List of figures

Table of cases

Table of statutes

Table of statutory instruments

Table of European legislation

List of abbreviations

1 LAW AND LEGAL STUDY

1.1 Introduction

1.2 The nature of law

1.3 Categories of law

1.4 Approaches to law and legal study

1.5 Skills

2 THE RULE OF LAW AND HUMAN RIGHTS

2.1 Introduction

2.2 The rule of law

2.3 The rule of law and the judiciary

2.4 Human Rights discourse and the rule of law

2.5 The Human Rights Act 1998

3 SOURCES OF LAW: LEGISLATION

3.1 Introduction

3.2 European Union

3.3 Primary legislation

3.4 Statutory interpretation

3.5 Delegated or subordinate legislation

3.6 Law reform: the role of the Law Commission

4 SOURCES OF LAW: CASE LAW

4.1 Introduction

4.2 Precedent

4.3 Law reporting

4.4 Precedent within the hierarchy of the courts

4.5 Binding precedent

4.6 Advantages of case law

4.7 Disadvantages of case law

4.8 The practical importance of precedent

4.9 Books of authority

4.10 Custom

5 SOURCES OF LAW: THE EUROPEAN CONTEXT

5.1 Introduction

5.2 Sources of European Union law

5.3 The institutions of the European Union

5.4 The European Court of Human Rights

5.5 The European Convention and the European Union

5.6 A case study: the genesis of the Investigatory Powers Act (IPA) 2016

6 THE CIVIL COURTS

6.1 Introduction

6.2 Her Majesty’s courts and tribunals service

6.3 Magistrates’ courts

6.4 The County Court

6.5 The High Court of Justice

6.6 Appeals from the High Court

6.7 The Court of Appeal (Civil Division)

6.8 The appeal process

6.9 The Supreme Court

6.10 The Court of Justice of the European Union and the European Court of Human Rights

6.11 Judicial Committee of the Privy Council

7 THE CIVIL PROCESS

7.1 Introduction

7.2 The need for reform

7.3 The civil process

7.4 Case control (CPR Part 3)

7.5 Court and track allocation (CPR Part 26)

7.6 Documentation and procedures

7.7 Public and private hearings (CPR Part 39)

7.8 Appeals (CPR Part 52)

7.9 Remedies

7.10 Damages

7.11 Equitable remedies

7.12 Costs (CPR Parts 44–48)

7.13 What has the replacement system achieved?

7.14 Enforcement of civil remedies

8 THE FAMILY COURTS AND PROCESS

8.1 Family courts

8.2 Private and public family law

8.3 The Children Act 1989 and the paramountcy principle

8.4 Legal aid and the family courts

8.5 Reformation of the family justice system

8.6 Media reporting in the family courts

8.7 Family law and philosophy

8.8 The future of the family courts

9 THE CRIMINAL COURTS

9.1 Introduction

9.2 Magistrates’ courts

9.3 The Crown Court

9.4 Magistrates’ courts v Crown Courts

9.5 Criminal appeals

9.6 Criminal appeals to the Supreme Court

9.7 Judicial Committee of the Privy Council

9.8 Criminal Cases Review Commission

9.9 A miscarriage of justice: some lessons for the criminal justice system

9.10 Coroners’ courts

10 THE CRIMINAL PROCESS: (1) THE INVESTIGATION OF CRIME

10.1 Introduction

10.2 Mistrust of the system

10.3 Stop and search

10.4 Arrest

10.5 Interrogation, confession and admissibility of evidence

11 THE CRIMINAL PROCESS: (2) THE PROSECUTION

11.1 Introduction

11.2 The Crown Prosecution Service

11.3 Bail

11.4 Plea bargaining and related issues

11.5 Where a prosecution succeeds: sentencing and the Human Rights Act

12 THE JUDICIARY

12.1 Introduction

12.2 The constitutional role of the judiciary

12.3 Judicial offices

12.4 Appointment of the judiciary

12.5 Training of the judiciary

12.6 Retirement of judges

12.7 Judicial conduct and discipline

12.8 Judicial immunity from suit

12.9 Magistrates

13 JUDICIAL REASONING AND POLITICS

13.1 Introduction

13.2 Law and logic

13.3 Reasoning in general

13.4 Judicial reasoning

13.5 Judicial review

13.6 Politics and the judiciary

13.7 Politics of the judiciary

14 THE JURY

14.1 Introduction

14.2 The role of the jury

14.3 The jury’s function in trials

14.4 The selection of the jury

14.5 Racial bias in juries

14.6 The decline of the jury trial

14.7 Future jury reform

14.8 Investigation of jury behaviour

14.9 Conclusion

15 ARBITRATION, TRIBUNAL ADJUDICATION AND ALTERNATIVE DISPUTE RESOLUTION

15.1 Introduction

15.2 Mediation and conciliation

15.3 The courts and ADR

15.4 Arbitration

15.5 Administrative tribunals

15.6 Ombudsman

16 LEGAL SERVICES

16.1 Introduction

16.2 The legal profession

16.3 Solicitors

16.4 Barristers

16.5 Professional etiquette

16.6 The Courts and Legal Services Act 1990

17 THE FUNDING OF LEGAL SERVICES

17.1 Introduction

17.2 Background to recent changes

17.3 The legal aid scheme

17.4 The Legal Aid Agency

17.5 The Community Legal Service

17.6 The Criminal Defence Service

17.7 Public Defender Service

17.8 The Magee Review 2009

17.9 The voluntary sector

17.10 Conditional fee arrangements

17.11 Recent challenges to legal aid cuts

General legal websites for the English legal system

General reading

Index