Acing the SQE/Legal System

The historical development of the English Legal System is not tested in the SQE1 examination, as the syllabus focuses on the law in its current form. However, candidates must demonstrate a clear understanding of the rule of law, assimilated law (such as retained EU legislation), and a comprehensive grasp of civil law, criminal law, administrative law, and the UK’s constitutional framework.

Civil claims are assigned to different “tracks” depending on their complexity, the value of the claim, and the estimated duration of the trial. They are allocated to one of four procedural tracks: Small Claims Track, Fast Track, Intermediate Track, and Multi-Track.

1. All criminal cases begin in the Magistrates’ Court, but more serious offences are referred to the Crown Court. Appeals from the Crown Court are heard by the Court of Appeal (Criminal Division), with a further appeal possible to the UK Supreme Court.
2. Civil cases typically commence in the County Court. Appeals progress to the High Court and then to the Court of Appeal, usually through different divisions than those handling criminal matters.

• Civil cases with a value of less than £100,000 (or less than £50,000 for personal injury cases) should be commenced in the County Court^[1]

• Where cases have a value of more than £100,000 (more than £50,000 for personal injury cases) the claimant can choose to commence proceedings in the Queen’s Bench Division, the Chancery Division or the County Court.

If the case has complex facts, or the outcome of the case has an element of public interest, and the claimant believes the High Court is suitable, the proceeding can start at a high court.

1. Queen's Bench Division: Deals with Multi-Track claims for all common civil law actions. Also includes specialist courts including administrative Court, admiralty Court, commercial Court, circuit Commercial Courts, and technology and Construction Court. If the court sits as a Divisional Court of the Queen’s Bench Division, it can hear criminal appeals from the magistrates’ court and the Crown Court, and judicial review hearings.
2. Chancery Division: Deals with claims involving land contracts, trusts, and wills.
3. Family Division: Deals with cases concerning family proceedings, such as adoption and complex divorces.

Other than the cases about European law or the European Convention on Human Rights, the Supreme Court is the highest appeal court on civil and criminal cases. It has only appellate jurisdiction hearing cases involving a point of law that is of public importance.

A defendant wishes to appeal against a decision of the magistrates' court on a point of law and such an appeal lies to the High Court (Queen's Bench Division).

A “right of audience” is the right to appear before and address a court, including the right to call and examine witnesses.

• Solicitors have the right of audience that is restricted to the lower courts whereas barristers has a wider right of audience in all courts.

• Rights of audience are a reserved activity, meaning they can only be conducted by authorised, or exempt, persons, otherwise it constitutes a criminal offence.

• Definition: Public General Acts are statutes that apply nationwide (to the whole of the UK or a part of it such as England and Wales) and deal with matters of public concern. • Scope: They apply generally to all individuals and entities within the jurisdiction to which the Act extends. • Examples: • Human Rights Act 1998 • Equality Act 2010 • Criminal Justice Act 2003 • Enactment Process: These go through the full Parliamentary legislative process, including readings in both the House of Commons and the House of Lords, followed by Royal Assent. • Publication: Once passed, they are published in the official statutes and included in annual volumes of UK legislation.

These are Private Acts, but are sub-divided into:

a. Local Acts • Definition: Local Acts apply to specific geographic areas, institutions, or local authorities rather than the general public. • Purpose: Used to confer powers or make provisions for a particular locality or body—often used by local councils, transport bodies, or corporations. • Example: An Act granting a local authority the power to construct a tramway or regulate traffic in a specific town. • Legislative Process: They follow a different procedure from Public General Acts and usually involve petitions and private bill committees in Parliament.

b. Personal Acts • Definition: Personal Acts apply to specific individuals or entities and not to the public at large. • Purpose: Rarely used today, but historically used for matters such as divorces, naturalisation, or the granting of honours or estates. • Example: An Act enabling a particular individual to change their surname or settle property. • Current Use: Now largely obsolete due to modern general legislation handling such matters administratively.

The court applies the ordinary meaning of words to a statute (default)

lead to absurdity

considers mischief intended to prevent

considers purpose behind the statute

1. Against change in the common law unless the Act of Parliament alters it.
2. Mens rea (intention) is required in criminal offence
3. Against retrospective law
4. Presumption against deprivation of liberty
5. The Crown is not bound by statute unless the statute says so.

The features of an Act itself including

1. Interpretation sections
2. Titles
3. Preambles
4. Headings

1. Dictionary
2. Hansard
3. Law report

1. ↑ Civil Procedure Rules (CPR) 1998, Practice Direction 7A, 2.1