The High Court

What is the High Court?

The High Court is the third highest court in the UK. It deals with civil cases and appeals of decisions made in lower courts. It is based in London at the Royal Courts of Justice, but it has district registries throughout England and Wales where almost all High Court proceedings may be issued and heard.

High Court cases are usually heard by a single judge, but certain types of hearings – such as criminal appeals and judicial review cases – are assigned to a Divisional Court, a bench of two or more judges. A jury will occasionally sit in the High Court, but only in cases involving defamation, false imprisonment, malicious prosecution and fraud.

Precedent and hierarchy

The High Court is bound by the doctrine of precedent by the decisions of all the courts above it (ie, the Court of Justice of the European Union, the Supreme Court and the Court of Appeal). Any appeal from the decision of a High Court judge is made to the Court of Appeal and then to the Supreme Court. In turn, the High Court’s decisions bind the lower courts (eg, the county court).

High Court judges do not have to follow each others’ decisions, although previous High Court authority is deemed as highly persuasive and they therefore usually do so.

The three divisions which make up the High Court are the:

  • Queen’s Bench Division;
  • Chancery Division;
  • Family Division.

Queen’s Bench Division

More than 70 judges sit in the Queen’s Bench Division (QBD). It is presided over by the President of the QBD. Its remit is contract and tort cases. QBD judges also preside over specialist matters, such as applications for judicial review and will travel around the country to hear the most important criminal cases in the Crown Court. They also sit in the Employment Appeals Tribunal.

Courts of the QBD include the:

  • Commercial Court;
  • Technology and Construction Court;
  • Mercantile Court;
  • Admiralty Court;
  • Administrative Court;
  • Planning Court.

Commercial Court

The Commercial Court deals with complex cases arising out of national and international business disputes. It focuses particularly on insurance and reinsurance, banking and financial markets, commodities, shipping and arbitration.

Technology and Construction Court

The Technology and Construction Court (TCC) has specialist judges who deal with all types of UK and international construction, engineering and technology disputes. It also deals with professional negligence cases involving construction, engineering and technology, environmental issues and public procurement. It was set up in 1998 to replace the Official Referee’s Court.

Mercantile Court

The London Mercantile Court deals with business disputes of all kinds (although particularly bigger, high value, or more complex cases will be heard by the Commercial Court). Mercantile Courts also operate in regional centres throughout England and Wales. Cases dealt with include commercial contracts, domestic and international sale of goods, commodities trading, insurance and reinsurance, banking, and guarantees, commercial agencies, professional negligence, confidential information and restraint of trade.

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For more information on:

  • Admiralty Court
  • Administrative Court
  • Planning Court
  • Chancery Division
  • Bankruptcy and Companies Court
  • Patents Court
  • Intellectual Property Enterprise Court
  • Family Division