Saturday, January 29, 2011

Queen's Bench Division

The Queen's Bench Division — or King's Bench Division when the monarch is male — has two roles. It hears a wide range of contract law and personal injury/general negligence cases, but also has special responsibility as a supervisory court. Until 2005, the head of the QBD was the Lord Chief Justice (currently Lord Judge). A new post of President of the Queen's Bench Division was created under the provisions of the Constitutional Reform Act 2005, leaving the Lord Chief Justice as President of the Courts of England and Wales, Head of the Judiciary of England and Wales and Head of Criminal Justice.[1] Sir Igor Judge became the first person to hold this office in October 2005.[2][3]

High Court Judges also sit in the Crown Court, which is concerned with criminal cases, but High Court Judges only hear the most serious and important cases, with Circuit Judges and Recorders hearing the majority. In addition, the Queen's Bench Divisional Court hears appeals on points of law from the Magistrates' Court[4] and from the Crown Court.[5] These are known as Appeals by way of Case Stated.

The Queen's Bench Division oversees all lesser courts and is the appropriate legal forum where certain government decisions may be challenged on legal grounds. Generally, unless other appeal processes are laid down in law, anyone who wants to challenge the validity of any decision of a lesser court, tribunal, government authority or local authority brings a claim for judicial review in the Administrative Court of the Queen's Bench Division. A single judge first decides whether the matter is fit to bring to the court (to filter out frivolous or unarguable cases) and if so the matter is allowed to go forward to a full judicial review hearing with one or more judges.

Appeals from the High Court in civil matters are made to the Court of Appeal (Civil Division); in criminal matters appeal from the Divisional Court are made only to the Supreme Court of the United Kingdom.

Specialised Courts of the Queen's Bench Division include the Technology and Construction Court, Commercial Court, the Admiralty Court and the Administrative Court

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