The Structure of the Courts and Tribunals System in England and Wales

Published: March 2026

Quick Answer

The judicial system of England and Wales is organised hierarchically from magistrates' courts and tribunals at the base to the UK Supreme Court. It has two parallel structures: courts (criminal, civil, family) and tribunals (government decisions, employment, property). Both are administered by HM Courts and Tribunals Service (HMCTS) and staffed by an independent judiciary under the Constitutional Reform Act 2005. The right court or tribunal — and the appeal route — drives the bundle requirement.

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Introduction

I am Stevie, the founder of BundleCreator. One question I hear constantly from our users is: "Which court am I actually in?" It sounds simple, but the system is genuinely complex. There are criminal courts and civil courts, a separate Family Court, a Crown Court that is not the same as the County Court, seven chambers of the First-tier Tribunal, four chambers of the Upper Tribunal, and a set of specialist courts within the High Court that most people have never heard of.

This guide maps the entire structure — every court, every tribunal, every appeal route — so you know exactly where your case sits and where it goes if you need to appeal.

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The Hierarchy at a Glance

The system works like a pyramid. Cases start at the bottom and can move upward on appeal. Higher courts' decisions bind lower courts.

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The Courts

United Kingdom Supreme Court

The Supreme Court is the final court of appeal for all civil and criminal cases in England and Wales (and for civil cases in Scotland and Northern Ireland). It replaced the Appellate Committee of the House of Lords in 2009 and sits in Parliament Square, London.

The Supreme Court hears only cases that raise a point of law of general public importance. It typically decides 60 to 80 cases per year. Its decisions bind every court and tribunal below it.

Court of Appeal

The Court of Appeal is divided into two divisions:

• Civil Division — hears appeals from the High Court, County Court, and certain tribunals. Presided over by the Master of the Rolls.
• Criminal Division — hears appeals against conviction and sentence from the Crown Court. Presided over by the Lord Chief Justice (or a Vice-President of the Criminal Division in practice).

Permission to appeal is required in almost all cases.

High Court of Justice

The High Court is the principal superior court of first instance. It has unlimited jurisdiction in civil matters and hears the most complex and high-value cases. It is divided into three divisions:

King's Bench Division

The largest division, handling:

• General civil claims (contract, tort, debt)
• Judicial review of government decisions (via the Administrative Court)
• Media and communications cases

Within the King's Bench Division sit several specialist courts:

• Administrative Court — judicial review, statutory appeals, habeas corpus
• Planning Court — planning and environmental challenges
• Commercial Court — high-value commercial disputes
• Technology and Construction Court — building, engineering, and IT disputes
• Admiralty Court — shipping and maritime claims

Chancery Division

Handles equity, trusts, land, intellectual property, company law, and insolvency. Within it sit the:

• Business List — general commercial disputes
• Insolvency and Companies List — winding-up petitions, director disqualification
• Intellectual Property List — patents, trademarks, copyright
• Revenue List — tax disputes (appeals from the Tax Chamber)
• Property, Trusts and Probate List — contested wills, trusts, land disputes
• Competition List — competition law claims

Family Division

Handles the most serious family cases — international child abduction, forced marriage protection orders, and inherent jurisdiction cases involving children. Most day-to-day family work is dealt with in the Family Court (below).

Crown Court

The Crown Court handles:

• Trials on indictment — serious criminal offences (murder, rape, robbery, fraud)
• Sentencing — cases committed from magistrates' courts for sentence
• Appeals — against conviction or sentence from magistrates' courts

Crown Court centres are classified as Tier 1 (High Court judges available), Tier 2 (circuit judges for serious cases), or Tier 3 (circuit judges for standard cases).

County Court

The County Court handles the majority of civil litigation in England and Wales:

• Small claims track — claims up to £10,000 (£1,000 for personal injury)
• Fast track — claims between £10,000 and £25,000
• Multi-track — claims above £25,000 or of particular complexity
• Housing possession — landlord and tenant disputes, mortgage possession
• Insolvency — personal bankruptcy

The County Court sits in locations across England and Wales. It is a single court with many hearing centres.

Magistrates' Courts

Magistrates' courts handle:

• Summary criminal offences — the vast majority of criminal cases (about 95% of all criminal cases begin and end here)
• Either-way offences — offences that can be tried either summarily or on indictment
• Bail applications — for defendants awaiting trial
• Committal proceedings — sending serious cases to the Crown Court
• Youth Court — cases involving defendants under 18

Cases are heard by either a District Judge (a single legally qualified judge) or a bench of lay magistrates (usually three unpaid volunteers, advised by a legal adviser).

Family Court

Created in 2014, the Family Court handles all family proceedings at first instance:

• Child arrangements orders — where children live and spend time
• Domestic abuse protection — non-molestation orders, occupation orders
• Financial remedy on divorce — division of assets
• Care proceedings — local authority applications to protect children
• Adoption — adoption orders

The Family Court is a single national court, with cases allocated to the appropriate level of judge depending on their complexity.

Court of Protection

The Court of Protection makes decisions about the property, financial affairs, and personal welfare of people who lack mental capacity to make decisions for themselves. It operates under the Mental Capacity Act 2005.

Coroners' Courts

Coroners' courts investigate deaths that are violent, unnatural, of unknown cause, or that occurred in state detention. They do not determine criminal or civil liability — their purpose is to establish who died, and how, when, and where they came to their death.

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The Tribunals

The tribunal system was restructured by the Tribunals, Courts and Enforcement Act 2007 into a two-tier system.

First-tier Tribunal

The First-tier Tribunal is divided into seven chambers:

Social Entitlement Chamber

The largest tribunal by volume. Handles appeals against decisions by the DWP and HMRC about:

• Personal Independence Payment (PIP)
• Employment and Support Allowance (ESA)
• Universal Credit
• Tax credits
• Criminal injuries compensation

In 2024/25, the Social Security and Child Support Tribunal had an open caseload of 82,000 cases.

Health, Education and Social Care Chamber

Covers:

• SEND Tribunal — appeals against local authority decisions about Education, Health and Care Plans
• Mental Health — reviews of detention under the Mental Health Act
• Care Standards — appeals by care providers against regulatory decisions

SEND appeals have increased for nine consecutive years. In 2024/25, 99% of cases decided at hearing were found in favour of the appellant.

Immigration and Asylum Chamber

Handles appeals against Home Office decisions on:

• Visa refusals
• Deportation orders
• Asylum claims
• Human rights claims

This chamber has seen the most dramatic growth: receipts increased by 36% in 2024/25 to 79,000, with an open caseload reaching 90,000 — an 80% increase in a single year.

Tax Chamber

Hears appeals against HMRC decisions on:

• Income tax
• Corporation tax
• VAT
• National Insurance
• Customs duties

General Regulatory Chamber

A diverse chamber covering:

• Information rights (appeals against ICO decisions)
• Charity registration
• Environment
• Professional regulation
• Transport
• Gambling

Property Chamber

Handles:

• Residential property disputes (service charges, leasehold enfranchisement)
• Land registration
• Rents (fair rent determinations)
• Park homes
• Agricultural land

War Pensions and Armed Forces Compensation Chamber

Hears appeals about war pensions and compensation under the Armed Forces Compensation Scheme.

Upper Tribunal

The Upper Tribunal hears appeals on points of law from the First-tier Tribunal. It is a superior court of record, meaning its decisions create binding precedent.

The Upper Tribunal (Administrative Appeals Chamber) also has a judicial review jurisdiction in certain areas, particularly welfare benefits and criminal injuries compensation.

Employment Tribunals and the Employment Appeal Tribunal

Employment Tribunals sit outside the First-tier/Upper Tribunal structure. They handle:

• Unfair dismissal
• Discrimination (age, disability, race, sex, religion, sexual orientation)
• Whistleblowing (protected disclosures)
• Redundancy payments
• TUPE transfers
• Unlawful deductions from wages
• Working time disputes

Appeals go to the Employment Appeal Tribunal (EAT), then to the Court of Appeal.

Employment Tribunal single claims increased by 33% in Q2 2025/26 compared to the same quarter in 2024.

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Appeal Routes: Where Does Your Case Go Next?

At every stage above the first instance, permission to appeal is usually required. Appeals are limited to points of law — you cannot simply retry the facts.

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The Business and Property Courts

Since 2017, specialist civil litigation has been consolidated into the Business and Property Courts (B&PCs), which sit within both the King's Bench and Chancery Divisions. The B&PCs include:

• Commercial Court
• Admiralty Court
• Technology and Construction Court
• Financial List
• Insolvency and Companies List
• Intellectual Property List
• Competition List
• Revenue List
• Property, Trusts and Probate List

The B&PCs operate in London and in regional centres (Birmingham, Bristol, Cardiff, Leeds, Liverpool, Manchester, and Newcastle). They handle the most complex and high-value commercial disputes in England and Wales.

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The Scale of the System: Key Statistics

According to the Ministry of Justice and HMCTS data for 2024/25:

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The One Judiciary Programme

The traditional separation between courts and tribunals is narrowing. The Courts and Tribunals Bill 2024-26 proposes to bring the Senior President of Tribunals within the unified judicial leadership structure headed by the Lord Chief Justice. This is part of the "One Judiciary" programme — an initiative to create a single, cohesive judiciary across courts and tribunals.

The practical implications are significant. Judges may increasingly sit in both courts and tribunals. Procedures may converge. Digital systems are already shared through HMCTS. The direction of travel is clear: the distinction between courts and tribunals is becoming one of procedure and culture, not of constitutional status.

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Frequently Asked Questions

Which court or tribunal is my case in?

It depends on the type of dispute. Criminal matters go to magistrates' courts or the Crown Court. Civil disputes (money, property, contracts) go to the County Court or High Court. Family matters go to the Family Court. If you are challenging a government decision (benefits, immigration, education, tax), you are in a tribunal. Employment disputes go to the Employment Tribunal.

Can I represent myself in court or tribunal?

Yes, in both. Tribunals are specifically designed to be accessible to unrepresented parties. Courts are more formal, but there is no legal requirement to have a lawyer in civil or family proceedings. In criminal cases, you have the right to represent yourself, though legal aid may be available for serious charges.

What is the difference between the County Court and the High Court?

Both handle civil cases. The County Court handles the majority of civil claims — anything from small claims (up to £10,000) to multi-track cases. The High Court handles the most complex, high-value, or legally significant civil cases, as well as judicial review and statutory appeals.

How are judges appointed?

All judges — whether they sit in courts or tribunals — are appointed by the Judicial Appointments Commission (JAC), an independent body established under the Constitutional Reform Act 2005. The process is based on merit, with appointments made on the recommendation of the JAC to the Lord Chancellor.

Is the tribunal system part of the government?

No. Tribunals are independent of the government departments whose decisions they review. This independence is a constitutional requirement. The fact that HMCTS (a government agency) administers the tribunals does not affect the independence of the judges who sit in them. The Senior President of Tribunals is appointed independently and has statutory responsibility for the tribunal judiciary.

What is HMCTS?

His Majesty's Courts and Tribunals Service is an executive agency of the Ministry of Justice. It is responsible for the administration of courts and tribunals in England and Wales — providing the buildings, staff, technology, and administrative support. HMCTS does not make judicial decisions; it provides the infrastructure within which independent judges operate.

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Official Resources

• Structure of Courts and Tribunals — Judiciary.uk — Official structure diagram
• About the Tribunals — Judiciary.uk — Overview from the judiciary
• Tribunal Statistics Quarterly — Ministry of Justice — Latest caseload data
• Court Statistics — House of Commons Library — Parliamentary analysis
• Justice Data Portal — Interactive court and tribunal data
• Courts and Tribunals Bill Factsheet — GOV.UK — Current reform proposals
• Tribunals, Courts and Enforcement Act 2007 — The statute that created the modern tribunal system

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What to Do Next

Whatever court or tribunal your case is in, the bundle is the document the judge reads. Start your 14-day free trial with BundleCreator — we have templates for every major tribunal and court type, with Practice Direction compliance built in.

Browse our practice areas to find the right template for your jurisdiction.

Need a single bundle? Pay just £12 — no subscription required.

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This article is for general informational purposes only and does not constitute legal advice. Court and tribunal structures, procedures, and statistics can change. Statistics are sourced from the Ministry of Justice Tribunal Statistics Quarterly publications for 2024/25 and Q2 2025/26, and from the House of Commons Library court statistics briefing. Always check the current rules applicable to your specific court or tribunal, and consider seeking advice from a qualified legal professional or free advice service such as Citizens Advice.

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Further Reading

• What Are Tribunals in the Judicial System of England and Wales? — How tribunals differ from courts and why they exist
• How Practice Directions Differ Across UK Legal Arenas — Understanding the rules for different courts and tribunals
• Court Bundle Preparation for Self-Represented Litigants — Step-by-step guide to preparing your first bundle
• What Is a UK Legal Bundle? — The definitive guide to court bundles